Shapewear Wars: Spanx Files Complaint Against Yummie Tummie

The household name in shapewear, Spanx, created by Sara Blakely filed a complaint against Heather Thomson's company, Times Three Clothier LLC, which owns Yummie Tummie.  Thomson claims that Spanx copied several of her signature control top camisoles which are protected by patents. Specifically, the items in question were Spanx Total Taming Tank and Top This Cami. Thomson explained to WWD that the companies were in "positive" communication over the alleged infringement until Spanx filed for declaratory judgment in Atlanta court requesting the judge to rule on the dispute. The entire complaint can be found here.

One thing we can be sure of is that Thomson is not afraid of a fight, having stood up to her feisty co-star Ramona Singer on multiple occasions in the Real Housewives of New York even as a newcomer to the reality show.  And then back in 2011, Thomson went after Maidenform over its similar "slimming" tank tops which were also patent protected. Maidenform settled with Yummie Tummie for $6.25 million.

On Yummie's retail website, there immediately pops-up an open letter (see below) from Thomson addressed to Blakely expressing disappointment over Spanx's infringment and the manner in which Blakely is handling this dispute.  Thomson promises to enforce her company's patents and to prevail in the end. 

When you click on the letter, it will take you to their blog page with a copy of the full WWD article and copy of the open letter.  Thomson is clearly taking this as public as possible to her customers and fans and even to the social media world "#shameonyouspanx."  

This will be a very interesting case to follow for the fashion law community and to see how the judge rules in the end. 

Read More:
WWD (subscription red'q): Spanx, Yummie Tummie Face Off
Bloomberg Businessweek: Spanx vs. Yummie Tummie—in Court
Huffington Post: Spanx Lawsuit Pits Company Against Yummie Tummie Over Shapewear Patents