After reviewing the videos and the article associated with this assignment, you will read the case provided here for you and answer the following questions:
(1) Who were the parties involved in the lawsuit?
(2) Who sued whom and why?
(3) Which retail store did Martha Stewart originally start with and what happened to that agreement?
(4) Based on the parties listed in question (1), which retail agreement with Martha Stewart came first?
(5) What were the terms of the license and promotion agreement between the first retailer and Stewart?
(5) How did the second retail agreement come about?
(6) Explain how JCPenney Loophole? Is it the same as the store within a store exception? If not, how are they different?
(7) Based on the lawsuit that commenced, what were the claims made by Macy’s?
(8) Based on the lawsuit that commenced, what were the claims made by JcPenney?
(9) What was the subject of the April 2013 preliminary injunction?
(10) When did the case go to trial?
(11) What were the two significant events (game changers) that took place in 2013 and 2014?
(12) Explain the argument that Macy’s breached its contract with Martha Stewart?
(13) Did the Court determine that JcPenney induced Martha Stewart to violate the contract with Macy’s? If so, how?
(14) List the remedies discussed in the case (you do not need to discuss them…just list the ones that were discussed).
(15) Do YOU think Martha Stewart Living’s breach was an EFFICIENT breach of contract?