The two lawsuits were consolidated for the bench trial presided over by Judge Jeffrey Oing, who ordered the mediation.

WSJ: Macy's, Penney goes into mediation

New York Supreme Court Judge Jeffrey Oing must also decide whether J.

FORBES: As J.C. Penney Battles Macy's For Martha Stewart, Experts Ask: Is She Worth It?

Judge Jeffrey Oing, however, cautioned that the ruling is preliminary and Penney could still face costly damages if Macy's prevails in the case.

WSJ: Judge: JCP can sell Martha-designed goods for now

Judge Jeffrey Oing also cautioned that the ruling is preliminary and Penney could still face costly damages if Macy's prevails in the case.

WSJ: Judge: JCP can sell Martha-designed goods for now

Supreme State Court Judge Jeffrey Oing did grant Penney permission to open Martha Stewart shops, as long as the items under the exclusive contract with Macy's are not sold in them.

WSJ: Macy, Penney to spar in court over Martha Stewart

Supreme State Court Judge Jeffrey Oing did grant the retailer permission to open Martha Stewart shops, as long as the items under the exclusive contract with Macy's are not sold in them.

WSJ: Macy, Penney to spar in court over Martha Stewart

Grossman, an attorney representing Macy's, told New York State Supreme Court Justice Jeffrey Oing that the stemware and other tabletop items, even though they're plastic, sill violate the contract because they compete with the Martha Stewart items that Macy's sells.

WSJ: Trial over Martha Stewart brand resumes

But Supreme State Court Judge Jeffrey K. Oing did allow J.

WSJ: Macy, Penney to spar in court over Martha Stewart