Martha Stewart homeware hits court
Macy's CEO Terry Lundgren has testified that he hung up on home diva Martha Stewart after she called to inform him on December 6, 2011 that the company that bears her name had inked a deal with J.C. Penney to open shops within most of the chain's stores.
He hasn't spoken to her since, even though the two used to be good friends.
"I was sick to my stomach," Lundgren testified on in New York Supreme Court. "I can't remember hanging up on anyone in my life."
The testimony comes as Macy's Inc. and J.C. Penney Co. duke it out in court over the partnership with Martha Stewart Living Omnimedia.
The trial focuses on whether Macy's has the exclusive right to sell Martha Stewart branded cookware, bedding and other products. Other key witnesses expected to take the stand this week include Penney's CEO Ron Johnson and Martha Stewart, who founded Martha Steward Living.
Martha Stewart's brand has been important to Macy's. Under Lundgren's leadership, Macy's has focused on building exclusive brands like Martha Stewart that are not carried by rivals to get shoppers to the store.
In the home area, exclusivity is key. Lundgren testified on Monday that Macy's had built the Martha Stewart brand to be the biggest in its home business. Sales last year were up 8 per cent, double the rate for the entire company.
Lundgren said Macy's has spent 40 per cent of its overall marketing on the Martha Stewart brand and other labels in the home area, even though the home category represents 17 per cent of total sales. That's because even though the home area is typically slow turning, it drives shoppers to the store.
"I need the Martha Stewart business to be exclusive," Lundgren said. "I don't have a substitute."
His testimony is a culmination of a legal battle between the three companies that started in 2011. Macy's sued Martha Stewart Living in January 2011, saying the company breached a long-standing contract when it penned the deal with Penney, which invested US$38.5 million (NZ$46.2m) in a nearly 17 per cent stake.
In a separate lawsuit, Macy's sued Penney claiming it had no regard for the Macy's contract and that Johnson had set out to steal the business that it had worked hard to develop.
The two suits were consolidated for the bench trial.
At issue seems to be a loophole in the agreement between Macy's and Martha Stewart. It's a provision that allows Martha Stewart to sell goods in categories like bedding in Martha Stewart Living's own stores.
According to Martha Stewart, because the Macy's agreement doesn't say the goods under dispute can be sold "only in "stand-alone" stores, the mini shops within J.C. Penney stores do not fall under the exclusive agreement.
Macy's Inc., based in Cincinnati, disagrees. Lundgren argues that a typical definition of a store is that it has a parking lot or is part of a mall. Furthermore, Macy's lawyers outlined in documents that Penney "knowingly and purposely demanded and received confidential information" from Martha Stewart Living about the contract with Macy's and crafted a deal that was more lucrative.
Penney plans to open shops featuring designs from Martha Stewart on May 1, but spokeswoman Daphne Avila said that the products have been stripped of the home maven's moniker and instead feature the label "JCP Everyday." Still, Macy's is trying to stop Martha Stewart from providing designs to J.C. Penney even if it gets rid of the Martha Stewart moniker.
The stakes are high for both retailers as well as for Martha Stewart. For Macy's, having another major department store sell Martha Stewart towels, pots and other merchandise could dilute its business.
Penney 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 favour of lower prices every day. Penney began adding shops featuring new hip brands last year and plans to overhaul the home department this spring. Martha Stewart is at the center of that revamp.
For its part, 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 stakes also are high for the personalities involved in the suit. Lundgren said that while he used to be good friends with Stewart, he hasn't spoken to her since that 2011 after he hung up on her.
"''I was completely shocked and blown away," he testified on Monday. "It was so far from anything I could imagine."