Yummie Tummie accuses Spanx of patent infringement
Shapewear manufacturer Spanx has filed a complaint at Northern Georgia’s district court after it was accused by rival Yummie Tummie of selling tank tops infringing its design patents.
Yummie Tummie contacted Spanx in January this year alleging that its Total Taming Tank, Top This Tank Style 1847 and Top This Cami Style 1846 infringed Yummie Tummie’s US design patents D606,285S, D616,627S, D632,051S, D632,052S, D632,053S, D622,477S and D623,377S. It also demanded that Spanx stop selling the accused products.
Spanx responded by providing Yummie Tummie with details of key differences between its products and Yummie Tummie’s patents and on Tuesday, March 5, filed a request for a declaration of non-infringement and an order that Yummie Tummie pay Spanx’s legal costs.
As Yummie Tummie noted in its correspondence with Spanx, it has also been involved in patent litigation with New Jersey lingerie company Maidenform. Yummie Tummie sued Maidenform for infringing its tank top design patent D606,285 in March 2010 and in August 2011, the companies agreed on a $6.75 million out of court settlement.
Spanx is represented by King & Spalding LLP.
