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it gets rid of the Martha Stewart moniker. Penney.

goods in Martha Stewart Living stores. Penney, Macy's rights to Martha Stewart aren't nearly as sweeping as it suggests. Penney, Martha Stewart Living is "little more than an in house designer for Macy's."

As for Macy's, having another major department store sell Martha Stewart towels, pots and other merchandise could dilute its business.

In court documents, Martha Stewart Living said it will prove that it was Macy's Inc. that breached the contract because it didn't "use commercially reasonable efforts to maximize net sales of Martha Stewart Collection products."

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The department store has struggled with mounting losses and sharp sales declines since early last year after shoppers were turned off by a new strategy that eliminated most sales in favor of lower prices every day.

Martha Stewart Living is trying to fatten merchandising revenue as it struggles to offset declines in its broadcast and publishing business, a segment that accounts for more than 60 percent of its total business. The New York company is downsizing its magazines and is cutting publishing jobs as it increasingly focuses on online video and other digital content. Penney's plan to re invent the struggling department store under Johnson, who became CEO of the Plano, Tex., company in November 2011 after helping to create the look and feel Apple Inc.'s iconic stores.

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One of the big issues is whether the shops meet a stipulation that allows the home maven to sell Burberry Bag Sale

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Martha Stewart, however, is at the center of the retailer's home products revamp.

Penney to spar in court over Martha Stewart

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NEW YORK Let the pots and pans fly. Penney and Macy's began to duke it out in New York State Supreme Court over the right to sell Martha Stewart merchandise.

Supreme State Court Judge Jeffrey Oing did grant Penney permission to open Martha Stewart shops, as long as the items under the exclusive contract with Macy's are not sold in them. Penney plans to open the Martha Stewart shops on May 1.

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Macy's sued Martha Stewart Living almost immediately, saying that it had exclusive rights on certain of its products until 2018. The pact goes back Prada Bags White to 2007.

The stakes are high for both retailers as well as for Martha Stewart.

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"Macy's should stop competing in the courtroom and start competing in the marketplace," the company said in its memo.

taken risks and endured a period of disappointing results in order to re build the Martha Stewart brand and grow it in important product categories. We invested for the long term. Penney "threatens to inflict incalculable further harm on Macy's. Penney even if Burberry Large Ziggy Wallet

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At the heart of the trial, which got under way Wednesday, is whether Macy's has the exclusive right to sell Martha Stewart branded products in such categories as cookware, bedding, and bath. Penney's CEO Ron Johnson and Macy's CEO Terry J. Lundgren could be called to testify during the trial, which could last three weeks. Penney announced a partnership in which it would open Martha Stewart mini shops in most of its stores, beginning this spring. It also announced that it had acquired a 16.6 percent stake in Martha Stewart Living. Penney's plan to revive the struggling department store under Johnson's leadership.

"Macy's is the victim here," said Macy's spokesman Jim Sluzewksi in a statement emailed to The Associated Press. Our company has, in good faith, invested significant sums, Burberry Handbag Cheap

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