Content about Hospitality

By Douglas H. Meal, David T. Cohen, and Lisa L. Rachlin, Ropes & Gray LLP

Retailers, like all businesses, constantly seek to learn more about their customers in order to serve them better. In Tyler v. Michaels Stores, however, the Massachusetts Supreme Judicial Court recently ruled that a simple step taken by many retailers to help achieve this goal – collecting the ZIP codes of their customers at the point of sale – can in some circumstances violate Massachusetts’ consumer protection statute.
   

New York -- A Monday report by Reuters said that J.C. Penney has begun selling the Martha Stewart “JCP Everyday” lines of home goods, without waiting for a decision from the New York court.

According to Reuters, Penney general merchandise manager Paul Rutenis testified in New York State Supreme Court on Monday that "as of today, those products are on the floor and online."

New York -- The latest round in the battle between Macy’s and J.C. Penney over the sale of Martha Stewart goods went to Macy’s, which on Monday challenged a judge’s decision on Friday to allow certain non-branded Martha Steward items to be sold — at least temporarily — in J.C. Penney stores under the JCP Everyday label.

New York -- A New York State Supreme Court Judge ruled on Friday that J.C. Penney’s could temporarily sell certain housewares products from Martha Stewart Living in Penney stores. The ruling allows Penney to sell the product under the “JCP Everyday” label until a final decision comes at the end of the trial.

New York -- New York State Supreme Court Justice Jeffrey Oing on Thursday refused to dismiss Macy's Inc's claim that Martha Stewart Living Omnimedia violated its contract when it designed certain merchandise for J.C. Penney Co., regardless of whether the items carry the Martha Stewart brand.

New York -- After nearly three weeks of testimony, a New York State Supreme Court Judge ordered Macy's, J.C. Penney Co. and Martha Stewart Living Omnimedia into mediation to try and reach a settlement in their contract dispute trial.
 
If the three companies do not reach an agreement before April 8, the judge will resume hearing the case.
 
In another development in the ongoing dispute, Penney agreed not to sell certain Martha Stewart-designed goods (products deemed exclusive to Macy’s) until at least April 8.

New York -- J.C. Penney Co. last Tuesday dominated the retail news as its shares dropped 10.6% to a four-year low after reports that one of its largest shareholders had sold a chunk of the troubled company’s stock. And in a late afternoon report, The Wall Street Journal said that a group of Penney directors is ready to get rid of CEO Ron Johnson, or push to sell the chain unless he can stop the company’s heavy bleeding this year.

By many accounts, Walgreens is already a mobile retailing veteran. But eager to keep its service exciting and valuable, the drug store chain recently added a new product-mapping service within its mobile strategy.

Walgreens began its mobile journey in September 2009, when it launched an app designed to “improve the way our customers interact with us,” explained Tim McCauley, senior director, mobile commerce for Deerfield, Ill.-based Walgreens.

As we head into November, I find myself inundated with holiday surveys, with experts weighing in on everything from the busiest shopping days of the season to the impact of smartphones. To be honest, all of the data seem to blend together after a while, leaving me dizzy with projections and predictions.

By John H. Douglas, jdouglas@foley.com

Plainview, N.Y. -- Out-of-stocks are the most important overall element that impact satisfaction with the grocery trip experience, according to a study by The Retail Feedback Group. Satisfaction among shoppers unable to find all items they had planned to buy on their shopping trip averaged 3.97 on a five-point scale (with 5 as the highest), compared with 4.54 among shoppers who did find all items.

PepsiCo is rolling out its Pepsi Interactive Vending machine pilot program -- allowing consumers to buy, gift and play games with PepsiCo beverages – at five General Growth Properties’ malls.

Columbiana Centre (Columbia, S.C.), Clackamas Town Center (Happy Valley, Ore.), Oglethorpe Mall (Savannah, Ga.), Oakwood Mall (Eau Claire, Wis.) and Park City Center (Lancaster, Pa.) will feature the interactive vending equipment with full touch-screen technology.