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

But after the hearing, the real action began. Penney said late Monday, that the company’s board of directors has ousted CEO Ron Johnson after only 17 months on the job and rehired Johnson’s predecessor, Mike Ullman, 66, who was CEO of the department store chain for seven years until November 2011.