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Even its overhauled home department, which was a project of Johnson's and was rolled out in late spring with a slew of new brands, has been a disaster. Meanwhile, Penney is locked into a court battle with rival Macy's Inc. over a partnership with Martha Stewart Living Omnimedia Inc.. A New York State Supreme Court Judge summoned lawyers for Martha Stewart, J.C. Penney and Macy's Inc. to a hearing, almost two months after the three made closing arguments in a lengthy battle over J.C. Penney's partnership with the homemaking maven. The judge was seeking more information before he plans to issue a ruling on whether Macy's has the exclusive rights to certain merchandise like bedding and bath items. He told lawyers Wednesday that he will be making the ruling soon. Macy's, which has a long-standing contract with Martha Stewart, sued Penney and Martha Stewart for signing a 10-year contract with the domestic diva in late 2011. The J.C. Penney deal was signed by Johnson as part of an overall plan to reinvent the retailer. The bedding and bath collection was part of the new home department. But sales of the merchandise have been disappointing. The New York Post reported that Penney is aiming to replace the Martha Stewart designed line bedding and bath collection with other brands. Penney also sells window treatments and party supplies not covered by Macy's exclusive agreement. Martha Stewart Living on Wednedsay reiterated its statement issued earlier this month that "J.C. Penney remains one of our many retail partners.""Our agreement with them is in force, and we have no intention of ending it. We are committed to working with them to design high-quality, beautiful and affordable products for consumers around the country," it said.
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