It Smells Like Success Martha Stewart Living is at risk of dying if Martha and her publishers lose, a former employee alleges in court papers. Asher Edelman says he is one of the owners of the name Martha Stewart Living, and his former employer is engaged in fraud, deception and willful copyright infringement. Martha Stewart Living is a trademark, as is Martha Stewart Living Omnimedia, Inc. (No. 5:09-cv-01501, E.D. N.Y.). The former employee (who did not use the phrase "Martha Stewart" in his title) is suing Martha Stewart and her holding company in California, but the case was transferred to New York, where he filed papers in federal court this week. He calls the trademark infringement part of a "plan of deception" by the defendants to keep him silent "by threatening him." The complaint alleges that Martha Stewart Living, with "its long and respected history," was transferred by the family holding company in 2001 and is the "subject of the highest honor available" in the real estate business: a trademark registration granted by the U.S. Patent and Trademark Office. Asher Edelman, the employee, was hired by Stewart as vice president and general manager of Martha Stewart Living Television, which broadcasts the syndicated TV show The Martha Stewart Show. He says that in 2009 Stewart appointed him to act as general manager of a new division called Martha Stewart Omnimedia, Inc. Under him, Edelman says, that company now sells Martha Stewart Home Collection products at big-box stores. But Edelman is still working at home and says he has not received a paycheck for his efforts from either company for "many months." He says he continues to travel for "company business" because Martha Stewart owns the plane the company uses for its employees. Meanwhile, he is suing for trademark infringement and other charges. "The defendants are engaged in unfair competition, trademark infringement, fraudulent inducement and deceptive business practices," the complaint states. The defendant's lawyer, William J. McSherry, said the company denies wrongdoing and is "committed to respecting and promoting the Martha Stewart name." Stewart's lawyer did not respond to a request for comment. Stewart lives in New York City with her husband, the financier James Tisch, who is vice chairman of the board of directors of the New York Stock Exchange. This article originally appeared on Newser: Trademark Fight Over Martha Stewart Living More from Newser Newser is a USA TODAY content partner providing general news, commentary and coverage from around the Web. Its content is produced independently of USA TODAY.