By Karen Freifeld
NEW YORK, Feb 25 (Reuters) - Macy's Inc Chief
Executive Terry Lundgren testified on Monday he was so appalled
when Martha Stewart told him in 2011 that she was starting a new
alliance with rival J.C. Penney Co Inc that he hung up
the phone and has not spoken to her since.
Lundgren, testifying on Monday in the trial of two Macy's
lawsuits over the alliance, said Stewart told him of the deal
the night before J.C. Penney announced it.
"I was completely shocked and blown away," Lundgren said. "I
was literally sick to my stomach."
J.C. Penney said on Dec. 7, 2011, that it would launch
Martha Stewart boutiques in about 700 of its department stores
in 2013. It also bought 17 percent of her company, Martha
Stewart Living Omnimedia.
Macy's, which has its own deal with Martha Stewart, sued her
company in January 2012 for breach of contract, and later sued
J.C. Penney as well. Macy's says it has the exclusive right to
sell Martha Stewart products in certain product categories,
including cookware and bedding.
The two cases were consolidated for a non-jury trial before
Justice Jeffrey Oing in New York state court in Manhattan.
Lundgren, 60, said Stewart sounded like she was reading from
a document prepared by lawyers when they spoke, and that he cut
off the conversation when the home goods doyenne, 71, said her
deal with J.C. Penney would be good for Macy's.
"I think that's when I hung up," said Lundgren. "The thought
this was going to be good for Macy's was so far from anything I
could comprehend."
Lundgren said that at the time he considered Stewart a
friend, and he has not "responded to her since that phone call
on December the sixth. And I don't intend to."
Macy's is still committed to the business relationship it
developed with Martha Stewart Living Omnimedia, however. The
Martha Stewart brand at Macy's grew 8 percent last year, growth
that is twice that of Macy's as a whole, Lundgren said.
"This is an extremely important brand and we are going to
continue to highlight the brand in our stores," Lundgren
testified.
Macy's built Martha Stewart into its No. 1 home brand after
Stewart came out of prison in 2005, having served time for lying
about a stock sale.
The Martha Stewart shops in J.C. Penney stores are set to
open in May, the centerpiece of an improved home goods section
that Chief Executive Ron Johnson has called crucial to returning
J.C. Penney to growth.
Lawyers for Martha Stewart Living and J.C. Penney have said
the judge should focus on the contract between Macy's and Martha
Stewart Living.
Under the contract, Martha Stewart Living Omnimedia can sell
product categories exclusive to Macy's if it opens its own
stores. Macy's says the proposed boutiques at J.C. Penney are
not the same as standalone stores.
Lundgren said that he went with Stewart to Haiti in July of
2011 and sat with her at a $10,000-a-plate fundraiser the
following October of 2011 and she never mentioned the impending
J.C. Penney announcement.
Lundgren said Stewart told him in their phone conversation
she couldn't give prior warning because negotiations with J.C.
Penney were confidential, and said she had to take action
because her company was in trouble.
Johnson is scheduled to take the stand on Friday. Martha
Stewart also is expected to testify, but it is unclear when.
The cases are Macy's Inc. v Martha Stewart Living Omnimedia
Inc., 650297/2012, and Macy's Inc. v J.C. Penney Corp.,
652861/2012, New York State Supreme Court, New York County.
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