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The Rise of Design Patents: Spanx v. Times Three Clothier

By Amelia Wong

On March 5, 2013, Spanx, Inc. filed suit in the U.S District Court for the Northern District of Georgia seeking a declaratory judgment that its tanks and camisoles do not infringe defendant Times Three Clothier, Inc.'s ("Yummie Tummie") design patents for its shapewear. The lawsuit was filed in response to Yummie Tummie's cease-and-desist letter to Spanx claiming that Spanx infringed certain design patents related to its 3-panel slimming camisole design patent.

Yummie Tummie in turn sued Spanx in the Southern District of New York on April 2, 2013, alleging infringement of six design patents.

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