Tuesday, March 5, 2013

Macys, Penney & Martha

It's up to me to make clear what is going on, the AP writer apparently cannot think.

Macy's has argued that Penney breached its long-standing contract when it signed a deal in December 2011 to open Martha Stewart mini shops in most of its stores this spring. Macy's, which has been the exclusive carrier of some Martha Stewart products including towels and pots since 2007, is trying to block Penney from selling those products. It also wants to stop Martha Stewart from providing any designs to Penney - whether or not it carries the Martha Stewart label.

What?  Macy's and JCPenney have a contract?  No.  Macy's & Martha have a contract.  So it would be Martha breaching the contract, not JCPenney.  Yes, Macy's wants an injunction to keep JCPenney form hurting Macy's business, but Macy's & JCPenney have no contract to breach.

There is more...

Mark H. Epstein, representing Penney, argued that a decision to block the department store from selling goods like towels and bedding that don't carry the Martha Stewart label would be devastating because the company doesn't have a substitute.

Yes, it does.  The factories that would be producing the Martha Stewart stuff for JCPenney may no longer be doing so.  Excess capacity.  So hire another designer to do something else in those same factories.  Kathy Ireland would probably kill for it.  Or hit a home run:  Karl Lagerfeld.

That lawyer part is not bad writing on the part of the AP writer, but it is bad business thinking (or just legal posturing) on then part of the lawyer.  The JCPenney guy is ex-Apple.  Steve Jobs made plenty of last minute huge changes.

Call Karl.  He worked for H&M. He'd whup Martha.

***John Spiers will be offering an all-day seminar on small business international trade start up at Orange Coast College, Los Angeles Area, June 29, 2013.  Full info here...***

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