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.
Labels:
Business,
Business Law,
Contracts
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