Body Suit: Yummie Tummie Sues Spanx for Patent Infringement

On April 2nd, Times Three Clothier L.L.C., the maker of Yummie Tummie shapewear officially sued Spanx for patent infringement in the U.S. District Court for the Southern District in New York.  Yummie Tummie's complaint states that Spanx’s "Total Taming Tank," "Top This Tank" and "Top This Cami" are violating its patents and that Spanx, "intends to continue its willful and intentional infringement of Yummie Tummie’s design patents asserted herein." Yummie Tummie requests the Court to grant a sales injunction, unspecified damages, punitive damages and disgorgement of profits. 

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.