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New York court advances lawsuit against Martha Stewart Living on pet products [April 16, 2014] By Bernard Vaughan
NEW YORK (Reuters) — A
lawsuit claiming Martha Stewart Living Omnimedia Inc
tried to undercut a business partner's relationship with
pet products retailer PetSmart Inc can proceed, a New
York state judge ruled on Monday. Age Group Ltd in July 2009 entered into a four-year licensing agreement with Martha Stewart Living to market and sell Stewart-branded pet products. Four months later, Age Group and PetSmart struck a deal under which PetSmart would buy Stewart-branded pet products from Age Group. |
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New York-based Age Group, which manufactures and
licenses products for distribution, sued Martha Stewart Living
last year in state court in Manhattan for breach of contract and
other claims. The lawsuit said that after Age Group contracted with PetSmart,
Martha Stewart Living realized that it had undervalued
Stewart-branded pet products. Martha Stewart Living disparaged
Age Group to PetSmart and withheld approval of pet products to
try to get PetSmart to contract directly with Martha Stewart
Living, according to the complaint. On Monday, Manhattan Supreme Court Justice Shirley Kornreich
denied a bid by Martha Stewart Living to dismiss the lawsuit,
saying a question remained as to whether Martha Stewart Living
had acted in bad faith, in violation of its contract with Age
Group. The lawsuit seeks compensatory and punitive damages. Marc Kasowitz, a lawyer for Age Group, said Tuesday that he was
pleased with the decision and confident that evidence will
"overwhelmingly support" his client's claims at trial. Lawyers for Martha Stewart Living Omnimedia did not immediately
respond to requests for comment on Tuesday. The case is Age Group Ltd v. Martha Stewart Living Omnimedia
Inc, New York Supreme Court, No. 653408/2014. (Reporting by Bernard Vaughan; editing by Cynthia Osterman and
Lisa Shumaker) [© 2014 Thomson Reuters. All rights reserved.] Copyright 2014 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
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