“They have copied my original idea, which really was a game-changer for shapewear,” Thomson told NBC’s “Today” show this week.
Efforts were made Friday to reach Spanx for comment.
In one recent statement on the battle, Blakely’s company said: “Spanx was making shaping camisoles long before Yummie Tummie. We have no further comment. The papers filed in court provide our position at this time.”
In another statement, the Atlanta apparel maker said: “Spanx has had countless imitators through the years. Anyone can make a claim, but it doesn’t mean it has merit. Spanx has not infringed on any valid patent, and we will continue to make fabulous products for our loyal fans.”
In its complaint, Spanx, which is represented by Atlanta-based King & Spalding, said the designs of its products are different enough from Yummie Tummie’s that no patent infringement exists. The suit is filled with pages of shapeware illustrations.
In addition to seeking a judgment in its favor, the Atlanta apparel maker is seeking damages and legal fees. The patent dispute focuses on a fraction of Spanx’s products, which number more than 200 and are sold in more than 50 countries.