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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowFullBeauty Brands Inc., an online apparel retailer with a significant Indianapolis presence, is facing a lawsuit alleging that several of its swimsuits too closely resemble a competitor’s products.
Pennsylvania-based Global Trademarks Inc. filed a trademark infringement suit Friday against FullBeauty and several related entities in U.S. District Court in the Southern District of Indiana. In addition to FullBeauty Brands Inc., the suit also names as defendants Swimsuits for All LLC, FullBeauty Brands Operations LLC and Jessica London Inc.
FullBeauty Brands, which primarily sells plus-size women’s clothing, was founded in New York City in 1901 and is still based in that city. The company’s mail order business has been based in Indianapolis since 1941. FullBeauty acquired the Jessica London brand in 1997 and the Swimsuits for All brand in 2014.
Global Trademarks, which does business as Swim USA, designs and sells its swimsuits under a number of brand names, including Miraclesuit, Magicsuit, Swim Solutions and others. It also designs and manufactures swimsuits for the Polo Ralph Lauren and Lauren Ralph Lauren brands. Swim USA sells its products through national retail stores including Macy’s, J.C. Penney, Kohl’s, Target, Walmart and others; and online through Amazon.com and other sites.
In its complaint, Global Trademarks alleges that some of the defendants previously purchased Swim USA products for resale: Swimsuits for All or its predecessor did so between 2012 and 2018, the suit says, and FullBeauty Brands Operations did so between 2017 and 2019.
But beginning in 2019, the suit alleges, the defendants stopped buying swimsuits from Swim USA and instead “resorted to creating, offering for sale, promoting and selling knock-off swimsuits” that infringe on Global Trademarks’ patented designs.
The lawsuit focuses on three patented styles that it alleges FullBeauty has copied: the Rita and Ronnie ruffled tankini tops, and the Criss-Cross Escape one-piece. The defendants call their versions the “Longer-Length Tiered-Ruffle Tankini Top,” the “Mesh Double-Tier Tankini Top” and the “Twist Underwire Bandeau One Piece Swimsuit,” respectively, the complaint says. Images that are included in the complaint highlight the design similarities between the products.
“By copying Plaintiff’s patented designs, Defendants have unfairly benefited from Plaintiff’s and Swim USA’s hard-earned innovations,” the complaint alleges.
Also, the complaint says, Global Trademarks has trademarked the Swim Solutions phrase and the defendants are using it without authorization.
The online docket does not yet include information on who will be representing FullBeauty and its codefendants. FullBeauty’s website directs reporters to email their media queries to an outside public relations firm, Norwalk, Connecticut-based ICR Inc. ICR did not respond to IBJ’s emails sent Tuesday afternoon and Wednesday morning.
Global Trademarks is asking the court to restrain the defendants from making, importing or selling products with “designs substantially similar” to the plaintiff’s patented products until after the patents have expired.
According to documents Global Trademarks included in its complaint, the patent for the Rita style was issued Aug. 6, 2013; the patent for the Ronnie style was issued Nov. 10, 2015; and the patent for the Criss-Cross Escape style was issued Nov. 12, 2019. The Rita and Ronnie patent protections last for 14 years, and the Criss-Cross Escape patent protection lasts for 15 years, which means their patents are set to expire in 2027, 2028 and 2034, respectively.
Among other things, the plaintiffs also ask the court for a judgment against the defendants equaling the total profits from the sale of the alleged knock-off swimwear; and an award of financial damages, both amounts to be determined at trial.
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Looks like they’re fishing…