Judge won’t dismiss Macy’s claim against Martha Stewart
New York — New York State Supreme Court Justice Jeffrey Oing on Thursday refused to dismiss Macy’s Inc’s claim that Martha Stewart Living Omnimedia violated its contract when it designed certain merchandise for J.C. Penney Co., regardless of whether the items carry the Martha Stewart brand.
The ruling may impact whether Penney can sell Martha Stewart-designed home goods under a "JCP Everyday" label. The judge is expected to rule Friday on whether to temporarily block Penney from selling Martha Stewart-designed goods that Penney manufactured in that "Everyday" packaging, Reuters reported.
The judge once again stressed that he would rather the parties settle, rather than have him decide. The companies spent several weeks in mediation, but were unable to reach an agreement.
"This is a business deal that you should not have courts getting involved in," Oing said. "It’s getting to a point where the clock can’t be turned back. The ship is ready to sail."
In related news, the New York Post reported that Myron Ullman, Penney’s new CEO, is seeking a truce in the case. According to the report, Ullman’s first phone call as CEO was to Macy’s CEO Terry Lundgren.
Brooks Brothers taps eCommera to interpret its operational data
London — Brooks Brothers will adopt eCommera’s decision intelligence tool, DynamicAction. Designed to turn big retail data into prioritized actions, the solution integrates siloed data into a commerce-specific cloud solution which will allow the retailer to identify optimization opportunities to improve its overall online commerce performance.
The solution will enable the brand to ascertain the economic value of specific projects to justify future IT investment, as well as drill down into micro activity such as evaluating return on marketing spend.
“Online merchandising optimization requires hundreds if not thousands of decisions every day,” said Ken Seiff, EVP, direct and omni-channel at Brooks Brothers, which operates over 300 stores globally as well as an ecommerce site. “And often even the simple act of identifying all of these opportunities is extremely challenging. eCommera’s DynamicAction product is thoughtfully designed to highlight these decisions and make them actionable."
John Squire, President at eCommera, said: “To succeed in an ever more competitive environment, retailers and brands need to understand the wealth of operational data at their disposal and turn it into actionable insight, and rapidly take the most effective decisions. We are delighted to be enabling such a well-known brand as Brooks Brothers to achieve its aggressive growth plans with the help of our DynamicAction product.”
Bradley out at Handy Hardware
Lynn Bradley, senior director, retail development, is out at Handy Hardware Wholesale, a cost-cutting move according to the Houston-based co-op.
Handy Hardware Wholesale, which filed for bankruptcy protection in January, eliminated the position of “senior director, retail development,” as part of a cost-reduction plan, according to Morrie Aaron, president of MCA Financial Group. MCA is Handy’s financial advisory firm that specializes in restructuring.
It was Bradley who signed an initial letter to members announcing the co-op’s bankruptcy filing. In the letter, he asked for patience and support from members. He also wrote: “There are no plans to liquidate or shut down, and we don’t even see that as option.”
Aaron added the co-op still intends to wrap up its bankruptcy situation by late June, with the end result being either the co-op remains an independent firm or emerges from bankruptcy through an acquisition.
Until August 2010, Bradley had been chief financial officer and senior VP sales for Handy, but he resigned from those posts after the co-op became aware of a past SEC action involving Bradley. A settlement ended with Bradley neither admitting nor denying charges, and included an agreement for him not to serve as an officer or director of a publicly traded company.