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

Those items are not covered by Macy's exclusive contract, though Macy's attorneys argued this week that some items like plastic pitchers violate the exclusive contract.

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