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MACY'S, INC. v. JC PENNEY CORP.

652861/12

45 Misc.3d 274 (2014)

989 N.Y.S.2d 238

2014 NY Slip Op 24169

MACY'S, INC., et al., Plaintiffs, v. J.C. PENNEY CORPORATION, INC., Defendant. MACY'S, INC., et al., Plaintiffs, v. MARTHA STEWART LIVING OMNIMEDIA, INC., Defendant.

Supreme Court, New York County.

June 16, 2014.

Attorney(s) appearing for the Case

Jones Day, Cleveland, Ohio ( Theodore M. Grossman of counsel), for plaintiffs.

Munger Tolles & Oslon LLP, Los Angeles, California ( Mark H. Epstein of counsel), for J.C. Penney Corporation, Inc., defendant.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Eric Seiler of counsel), for Martha Stewart Living Omnimedia, Inc., defendant.

OPINION OF THE COURT

JEFFREY K. OING, J.

The Stakes

These consolidated actions involve three of this country's largest retailers, one with a marquee name recognized as a retail giant, one that is a household name struggling to survive, but recently turning the corner, and one company whose namesake is known worldwide as the decorating doyenne. In spite of all the publicity and notoriety that this matter has garnered, these actions, at bottom, are...

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