Business

Lawsuit prevents Penney’s from using Martha label

(
)

(
)

Much of JCPenney’s new line of Martha Stewart home goods might be easy to miss.

Despite a splashy, multimillion-dollar deal with the domestic diva, JCPenney has decided to leave her iconic name off a large swath of its upcoming line of decor and housewares amid a legal tussle with Macy’s, sources told The Post.

Key categories including bedding and linens will be largely free of the Martha Stewart label, insiders said. And while her name will be visible in window treatments, her presence in the crucial kitchenware category will be spotty.

Martha’s absence will be particularly conspicuous on “some of the bigger-ticket items,” according to one source briefed on the situation, despite the fact Penney CEO Ron Johnson had been gunning to revive the retailer’s home business with her brand.

The problem is a pending lawsuit filed a year ago by Macy’s, which challenges Martha Stewart Living Omnimedia’s 10-year, $200 million licensing deal with Penney, in which the retailer shelled out $38.5 million for a 17-percent stake in MSLO.

Macy’s charges that MSLO’s tie-up with Penney violates its own long-term distribution deal for Martha Stewart home goods, which Macy’s has chosen to renew for another five years.

The case is set to go to trial Feb. 19 in Manhattan before New York state Judge Jeffrey Oing. Last July, Oing issued a preliminary injunction against Martha Stewart from taking any steps toward making, marketing or selling the exclusive line for Penney.

Officials at Penney didn’t respond to requests for comment yesterday. An MSLO spokeswoman declined to comment.

Earlier this month, Martha Stewart officials said they and Penney are pressing ahead for a spring launch. Initially slated for Feb. 1, the new target is May, according to insiders.

Sources said Johnson has been scrambling in the home department as his recent introductions of sleek kitchen brands like Michael Graves and Bodum have flopped with shoppers.

“The stuff was priced too high, and a lot of the customers didn’t understand it,” said one former Penney exec. “Ron thinks he understands the home category, but his knowledge is about 15 years old.”

Johnson, a former Apple exec who took the helm at Penney in late 2011, also did a stint at Target in the 1990s, where he had successfully introduced Michael Graves home products.

In a TV interview last week, hedge-fund tycoon Bill Ackman, Penney’s largest investor, singled out the relaunch of Penney’s home business as he backed Johnson’s controversial efforts.

“Home was the weakest part of JCPenney last year, down big numbers,” Ackman told CNBC on Friday, noting that sales had plunged 25 percent in the past year.

Home “will be the best part of JCP this year versus last year,” he said.

Nevertheless, Ackman didn’t mention Martha Stewart.