You can now read 5 articles in a month for free on BostonGlobe.com. Read as much as you want anywhere and anytime for just 99¢.

Judge won’t dismiss part of Martha Stewart lawsuit

NEW YORK — A New York State Supreme Court judge has rejected a motion by Martha Stewart Living Omnimedia Inc. lawyers to dismiss Macy’s Inc.’s claim that Martha Stewart breached its contract when it signed a merchandising deal with J.C. Penney Co.

Lawyers for Martha Stewart argued Thursday that the exclusive contract with Macy’s in certain products like bedding and bath items did not give exclusivity on design work. But Judge Jeffrey Oing ruled Thursday that Macy’s has provided sufficient evidence in its arguments that the contract does cover exclusivity in designs even if the items don’t carry the Martha Stewart name.

Continue reading below

Oing cautioned that his ­decision not to dismiss the claim doesn’t mean Macy’s will win the lawsuit.

Macy’s shares closed down 5 cents to 44.31 Thursday.

Loading comments...
Subscriber Log In

We hope you've enjoyed your 5 free articles'

Stay informed with unlimited access to Boston’s trusted news source.

  • High-quality journalism from the region’s largest newsroom
  • Convenient access across all of your devices
  • Today’s Headlines daily newsletter
  • Subscriber-only access to exclusive offers, events, contests, eBooks, and more
  • Less than 25¢ a week
Marketing image of BostonGlobe.com
Marketing image of BostonGlobe.com
Already a subscriber?
Your city. Your stories. Your Globe.
Yours FREE for two weeks.
Enjoy free unlimited access to Globe.com for the next two weeks.
Limited time only - No credit card required!
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.
Thanks & Welcome to Globe.com
You now have unlimited access for the next two weeks.
BostonGlobe.com complimentary digital access has been provided to you, without a subscription, for free starting today and ending in 14 days. After the free trial period, your free BostonGlobe.com digital access will stop immediately unless you sign up for BostonGlobe.com digital subscription. Current print and digital subscribers are not eligible for the free trial.