Yummie Tummie vs Spanx
Spanx vs Yummie Tummie
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The girdle war between Times Three Clothier “Yummie Tummie” owned by, Heather Thomson Schindler and Spanx, by Sara Blakely is finally over! Before we tell you the result and what happened–let’s do a quick backstory on the case.
On or about in January 18, 2013, , Heather Thomson, the owner of Yummie Tummie [also known as Times Three Clothier] sent a Cease and Desist to Spanx, founded by Sara Blakely, alleging Spanx tank tops; Total Taming Cami, “Top This Cami”and “Top This Tank” infringed on her patents; “Patent: 606,285 Patent: 616,217 Patent: 622,477 Patent: 623,377 Patent: 632,053” You can read more about the case on the links below, remember this is just a brief summary, so much happened.
[ Related: Cease & Desist Sent By Yummie Tummie to Spanx]
[Related: Yummie Tummie Vs Spanx Part 1]
After the Cease & Desist was sent to Spanx, a subsequent Declaratory of Judgement was filed by Spanx. Note, when you read the Declaratory Judgement and the opposition for the venue to be in New York, Spanx explains how they went out of their way to settle the case with Yummie, therefore leaving them no choice to file a Declaratory Relief Judgement
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable). In some instances, a declaratory judgment is filed because the statute of limitations against a potential defendant may pass before the plaintiff incurs damage (for example, a malpractice statute applicable to a certified public accountant may be shorter than the time period the IRS has to assess a taxpayer for additional tax due to bad advice given by the C.P.A.). wiki
That caused Heather Thomson, who also joined, The Real Housewives of New York City, to start a war in the press and the hashtag #ShameOnYouASpanx
See letter from Heather Thomson to Sara Blakely below
IpWatchDog noted the following;
So while Yummie Tummie sent the cease and desist letter and was the first to cry patent infringement, Ms. Thomson is now playing the victim and accusing Spanx of being the bully and dragging the issue into court. She concludes by sharing with Sara that she ‘expected more of her as a fellow entrepreneur”.
We, Reality TV Scandals also noted on this post, how ridiculous Heather’s post was and were accused of being bias–please understand, as many other websites concluded, these types of lawsuits happen everyday and they do not see the day of light, however, since Heather Thompson (how is her last name spelled? Bravo TV spells it “Thomson” Court Docs spell it “Thompson”?) brought the issue to the forefront and claimed to be bullied in other words by dragging her (Heather) in to court, when Spanx tried every possible remedy to resolve the matter; while Spanx, according to court documents, thought they were going to resolve the matter; Heather went off and gave more interviews and statements such as;
“She (Sara Blakely) better be ready for war”~ Heather Thompson Schindler
Heather Thompson also posted the Womens Daily article on her website. You can see it here. In order to read Womens Wear Daily, you have to have a subscription. Spanx felt Heather was trying to make this apart of her storyline for The Real Housewives Of New York City. You can read about that here and see a snippet below. They also note the timing and how long Heather waited to file certain documents. We could not blame Spanx, I mean, Heather really made sure this stayed in the press; lawsuits are to be tried in a court room–not in the public.
Spanx said all along..
Spanx was not selling the three cami’s Top This Tank,Top This Cami, Total Taming Tank when Heather filed the case.
Read Yummie Tummie’s Complaint (Bottom Of Page, see PDF SCRIBD)
We also mentioned in a previous post, Heather Thomson name dropped in her previous lawsuit with Maidenform such as;
We also questioned why a company, Maidenform, that’s been around since the early 1900’s would be copying “Yummie Tummie“, we also mentioned how brazenly Heather called Maidenform garments “knock offs” ( the items Heather claimed Maidenform “knocked off”)
It was hard to not be bias when looking at Heather’s previous cases and the behavior Heather displayed during this case. We also noted how Heather sent out press releases stating she won such as to Bloomberg, also as Bloomberg noted, it seems like Maidenform just settled because litigation is expensive and the $6.75 MILLION Heather won is not really a victory also according to Bloomberg ($6.75 million dollars would feed a country), however, they had to pay their own attorney fees.
A judge sided with Spanx in a written opinion letter last year, you can read that here.
So it’s no surprise, Yummie Tummie vs Spanx and Spanx vs Yummie Tummie was dismissed and not in Heather’s favor. You can read the judge’s opinion here from 2013 (the first one) I have to get the second one up, I’m having some back end issues. I am sure if this would have went in Heather’s favor, the press would have been alerted by now, this was settled near the end of 2014, remember, when Heather “won” but really didn’t win, she sent out press releases and put something on her website.
Also note on this order, everything to do with, Times Three Clothier/Heather Thomson/Yummie Tummie is dismissed with prejudice, however, Spanx “claims asserting invalidity” are dismissed without prejudice”
When you are filing a lawsuit against someone or a company;
- don’t run to the Press.
if you are claiming someone is infringing your brand, do not assume they will settle like Maidenform did just avoid court costs
be professional throughout the process.