Spanx Sics ITC on Shapewear Ripoffs: Patent Wars Go Underwear
Published Date: 2/6/2025
Notice
Summary
Spanx, LLC has asked the U.S. International Trade Commission to investigate certain shapewear garments that might be copying their patented designs. If the investigation finds problems, it could lead to bans on importing or selling these shapewear products in the U.S., protecting Spanx’s business and possibly shaking up the market soon. This means companies selling shapewear should watch out for potential new rules and restrictions.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Investigation Covers Patterned Shapewear
If you import or sell shapewear, the Commission opened an investigation on January 31, 2025 into "patterned shapewear garments, such as briefs, shorts, thongs, bodysuits, camisoles, tanks, and panties." The complaint was filed December 31, 2024 (supplemented January 22, 2025) and alleges infringement of U.S. Patent Nos. 9,179,713; 9,930,916; 10,455,866; D707,920; D796,780; and D796,784.
Exclusion and Cease-and-Desist Remedies Sought
Spanx asked the Commission to issue a general exclusion order or, alternatively, a limited exclusion order, and cease-and-desist orders after the investigation. If granted, those orders could stop the importation into the U.S. and sales within the U.S. of the accused shapewear products.
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