By  on April 3, 2013

The shapewear smackdown between Spanx Inc. and Yummie Tummie is heating up as a battle brews to determine who is knocking off proprietary product and whose home turf a court battle will take place.

Heather Thomson, president of Times Three Clothier LLC and creator of the Yummie Tummie lifestyle brand, 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.”

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