JC Penney appeals Macy's, Martha Stewart ruling

Tue Jul 1, 2014 5:12pm EDT

Customers ride the escalator at a J.C. Penney store in New York August 14, 2013.  REUTERS/Brendan McDermid

Customers ride the escalator at a J.C. Penney store in New York August 14, 2013.

Credit: Reuters/Brendan McDermid

(Reuters) - JC Penney Co (JCP.N) appealed a New York state court ruling Monday that found it had interfered with a contract between Macy's (M.N) and Martha Stewart Living Omnimedia Inc (MSO.N) by selling the celebrity's home goods, according to a filing.

JC Penney's lawyer Martin Edel confirmed the case had been appealed but declined to comment. Spokesmen for both retail companies were not immediately available for comment.

Macy's sued JC Penney in 2012 for breaching a deal that guaranteed exclusive rights to sell cookware, bedding and bath products from Martha Stewart Living.

A June 16 decision had ordered JC Penney to pay Macy's monetary damages as well as attorney fees, although Macy's could not establish "clear, unequivocal and convincing evidence" that it deserved punitive damages, Justice Jeffrey Oing said at the time.

(Reporting By Jeffrey Dastin; Editing by Chris Reese)

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