Fred D. Zemel
Partner
201-896-7065 fzemel@sh-law.comFirm Insights
Battle of the Bulge: Yummie Tummie Sues Spanx for Patent Infringement
Author: Fred D. Zemel
Date: April 18, 2013
Key Contacts
Back
The fashion industry has recently become a hotbed for intellectual property suits. New York-based Times Three Clothier LLC is the latest file suit. The company alleges that tank tops sold by Spanx infringe the design patents for its Yummie Tummie brand.
Powerful women are behind both companies. Sara Blakely, the founder of Spanx, has been called “the world’s youngest self-made female billionaire.” Meanwhile, Heather Thomson, a cast member of “Real Housewives of New York City,” founded Yummie Tummie. Both companies appear willing to fight for their share of the lucrative women’s shapewear market.
After Yummie Tummie sent a cease and desist letter to Spanx regarding the alleged infringement, Spanx filed a declaratory judgment action asking the court to determine that it had not violated any of Yummie Tummie’s patents. The New York company’s patent infringement complaint shortly followed.
It alleges that “Defendant Spanx by Sara Blakely has copied Yummie Tummie’s patented designs in garments that it makes, uses, sells, and offers to sell, without Yummie Tummie’s permission, and has contributed to or induced, and continues to contribute or induce, others to infringe the patents-in-suit.” The lawsuit seeks an injunction, treble damages for willful infringement, disgorgement of profits, and other damages.
The lawsuit highlights that trademarks are not the only tool to address alleged counterfeiting in the clothing industry. In this case, Yummie Tummie holds several design patents for the way its products look that may serve as the basis for infringement.
If you have any questions about this case or would like to discuss the legal issues involved, please contact me, Fred Zemel, or the Scarinci Hollenbeck attorney with whom you work.
- Practices: Intellectual Property
- Locations: New York City, Red Bank, NJ, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers
Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.