By: Sharon Urias, Esq.
The undergarment industry for women is a big money maker these days; in fact, it’s a billion dollar a year industry. To help hide what is known as a “muffin top”, that area immediately over the hips, many women wear shape wear that includes slimming camisoles.
Spanx and Yummie Tummie, two of the most successful manufacturers of ladies’ shape wear, are involved in a patent infringement lawsuit, a lawsuit that was filed in Atlanta federal court by Spanx on March 5 against Yummie Tummie.
Spanx was founded by Sara Blakely in 2005 and is so successful that Blakely became the youngest self-made woman billionaire in the world. Blakely’s suit is in response to a cease-and-desist letter sent to her from Yummie Tummie’s owner, Heather Thomson and attorneys on January 18. In the letter, Thomson claims Spanx stole her patented three-panel design for slimming camisoles.
According to TODAY, in November of last year, Thomson learned that Spanx was selling its Total Taming Tank on QVC, a tank, according to Thomson, that was her original Yummie Tummie tank design. She mentioned two other Spanx shape wear items that are involved in the lawsuit; the Top This Tank and the Top This Tank Cami.
On Wednesday, Spanx issued a statement concerning the lawsuit saying, “Spanx designed our original shaping camisole in 2005, long before Yummie Tummie in 2008.” The statement went on to say the company has had numerous imitators in the past, and though a claim has been made, it doesn’t mean it has merit. Spanx claims its tanks and camisoles have significant differences from those of Yummie Tummie’s designs, and added the company has not infringed on any valid patent.
