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
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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.
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