The shapewear battle between Spanx Inc. and Yummie Tummie is getting intense as they try to determine who is knocking off proprietary product and who has home advantage for the court battle.
WWD reported that Heather Thomson, president of Times Three Clothier LLC and creator of the Yummie Tummie, "fired her first salvo against Spanx and its founder, Sara Blakely, on Tuesday by countersuing the Atlanta-based firm with a patent infringement complaint in Southern District Court of New York. Times Three also filed a motion to transfer or 'stay' a declaratory judgment filed by Spanx in the Northern District Court of Georgia on March 5. In the lawsuit, Spanx contends that its products, including The Total Taming Tank, The Top This Tank style and The Top This Cami style, 'have not infringed and do not infringe any valid claim of the patents-in-suit.'"
Basically, Times Three is looking to postpone the Spanx lawsuit in Georgia so it can proceed with its own New York action. But whatever the result, there is a real possibility that both lawsuits could go to jury trials if a settlement cannot be reached.
As previously reported, the two high-powered women entrepreneurs are battling over the patents for the shapewear products owned by Thomson. Thomson claims that Blakely knocked off several patented Yummie control tops.
We'll keep you updated as the Battle for "Control" continues.
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