Just last week JCPenney scored a big hit against its rival Macy’s, when a judge said it could sell Martha Stewart products as long as her name was kept out of it. But then Macy’s was like, “Nope, don’t want that to happen,” and filed a temporary restraining order against JCPenney. An appeals court judge rejected that restraining order request, however, leaving Macy’s fuming again.

JCPenney is allowed to sell Martha Stewart goods sans her name, the New York justice said, at least until Macy’s appeal gets decided, reports Reuters.

The restraining order would’ve blocked JCPenney from selling the homewares and designs it already has ready to go on shelves.

The judge says JCPenney may peddle “unbranded goods” in the exclusive product categories claimed by Macy’s (bedding, bath and tableware) as long as they aren’t linked “with the name Martha Stewart in any way or fashion.”

In the meantime, Macy’s “expedited” appeal will be up to a five-judge panel.

Macy’s isn’t saying much in a statement, just that it’s disappointed with the immediate ruling and looks forward to a decision on the appeal.

Penney can sell Martha Stewart goods without her name, for now : judge [Reuters]

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