Wednesday, March 6, 2013

The Meaning of Exclusive

Media coverage of Martha Stewart’s latest courtroom drama focuses on the meaning of the word store.  According to the coverage the questions are: is Martha Stewart selling her products at JC Penney?  Or are they sold in separate Martha Stewart outlets that just happen to be surrounded by JC Penney department stores?  While the semantics are key in a technical, legal sense, it does seem that the meaning of the contract is not in dispute.  While I don’t know the contract details, there seems to exist a signed, enforceable agreement which gives Macy’s exclusive right to sell certain Martha Stewart merchandize at their retail outlet.  Exclusive would seem to mean that Macy’s has the sole right to sell the merchandize in question, and no one else.  Whether or not Martha Stewart stores are indeed seperate in a legal sense, JC Penney would seem to benefit from the arrangement at Macy's expense.

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