NEW YORK (AP) -- Attorneys for J.C Penney (NYSE:JCP) and Macy (NYSE:M) were back in court Monday to fight over the Martha Stewart brand after a monthlong mediation period went nowhere.

The mediation period followed nearly three weeks of testimony from witnesses including the domestic diva herself, Penney CEO Ron Johnson and Macy's CEO Terry Lundgren.

At issue is whether Macy's has the exclusive right to sell some of Martha Stewart branded products such as cookware, bedding and bath products.

Macy's is maintaining that Penney improperly signed a deal with Martha Stewart Living Omnimedia (UNKNOWN:MSO.DL) in late 2011 to open mini-shops in Penney stores this spring.

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