Heather Thomson’s lawsuits almost all trace back to one company: Times Three Clothier LLC, the maker of Yummie Tummie shapewear. Between 2010 and 2021, the business was involved in patent fights against Maidenform, Spanx, and LF USA, a trademark case against McCubbin Hosiery, and a drawn-out internal dispute with Thomson’s own financing partner that ended with her selling her stake in the brand.
The Maidenform Patent Settlement
The first major case started in 2010, when Maidenform Brands challenged the validity of Yummie Tummie’s design patents on its three-panel slimming tank. Times Three Clothier countersued, alleging that Maidenform’s “Fat Free Dressing by Flexees” line copied the patented design.1ProQuest. Yummie Tummie Founder Speaks Out on Settlement Both suits were filed in Manhattan federal court.2WWD. Heather Thomson Schindler Speaks Out About Maidenform Settlement
In August 2011, the parties settled. Maidenform paid Times Three Clothier $6.75 million, agreed to stop producing three-panel tanks in the Fat Free Dressing line, and committed not to help any third party challenge the Yummie Tummie patents.2WWD. Heather Thomson Schindler Speaks Out About Maidenform Settlement Neither side admitted wrongdoing. Thomson called the result a “victory” for entrepreneurial designers.1ProQuest. Yummie Tummie Founder Speaks Out on Settlement
The Spanx Patent Fight
Thomson next targeted Spanx. In January 2013, Times Three Clothier sent a cease-and-desist letter claiming three Spanx products — the Total Taming Tank, Top This Tank, and Top This Cami — infringed its three-panel camisole patents.3ABC News. Underwear Makers Spanx, Yummie Tummie Butt Heads4Today. Body Suit: Spanx Sued for Patent InfringementSpanx and Yummie Tummie Engaged in Patent Infringement Lawsuit
Times Three Clothier filed its own infringement complaint in the Southern District of New York, seeking an injunction, treble damages for willful infringement, and disgorgement of Spanx’s profits.5Today. Body Suit: Spanx Sued for Patent Infringement In October 2013, a Georgia judge granted Yummie Tummie’s motion to transfer the Spanx complaint to New York.6WWD. Yummie Wins Motion
The consolidated case settled on November 10, 2014 at a conference before Magistrate Judge Andrew J. Peck. Two days later it was dismissed with prejudice as to all infringement claims and counterclaims, and without prejudice as to Spanx’s invalidity claims, with each side bearing its own costs. Financial terms were not disclosed.7PACER Monitor. Spanx, Inc v. Times Three Clothier, LLC
The LF USA Case
In late 2011, Times Three Clothier sued LF USA Inc., a subsidiary of the Li & Fung Group, in Manhattan federal court. The complaint alleged that LF USA’s “Logo Instant Chic by Lori Goldstein” brand infringed the Yummie Tummie design patents, and said the company had been notified of the patents as early as January 2010 and received a formal cease-and-desist letter in September 2011.8WWD. Three Times Clothier Sues LF USA The case settled for an undisclosed amount.5Today. Body Suit: Spanx Sued for Patent Infringement
The Dispute With Eric Rothfeld
The fight that ended Thomson’s time at Yummie Tummie was internal. Eric Rothfeld, through his firm REI Capital, had loaned Times Three Clothier $1 million and held a 49 percent ownership stake. The operating agreement made him manager but allowed his replacement once the loan was repaid, subject to REI’s approval of a successor, which could not be unreasonably withheld.9vLex. Schindler v. Eric Rothfeld, REI Capital, LLC
Thomson’s side said the loan had been repaid and tried to install a replacement. Rothfeld refused. In 2015, Thomson sued in New York State Supreme Court (Index No. 653161/2015), accusing him of creating a toxic work environment, fraudulently marking down inventory, blocking factory orders, and failing to submit required financial statements to Wells Fargo.10SheKnows. RHONY Heather Thomson in Legal Battle Over Her Company
The suit also alleged that Rothfeld sent a company-wide email cutting the brand off from The Real Housewives of New York City: “Effective immediately, under no circumstances are you to spend any time discussing or working with Heather on Rhony. No samples should be provided to Heather for Rhony and Rhony is not authorized to film in our offices.”11ET Online. Real Housewives Star Heather Thomson Speaks Out on Lawsuit Thomson publicly called the situation “an unfortunate distraction.” Rothfeld filed counterclaims alleging improper business practices by Thomson.12Law360. Real Housewife Wants Claims Tossed From Apparel Co. Fight
Justice Eileen Bransten repeatedly denied efforts to remove Rothfeld as manager and rejected a Thomson claim for over $200,000 under New York’s Labor Law. In an October 2016 order, Bransten granted Thomson’s motion to dismiss all of Rothfeld’s amended counterclaims while leaving the rest of the case alive.13CaseMine. Schindler v. Eric Rothfeld The record does not contain a final judgment. By 2017, Rothfeld was CEO of the rebranded “Yummie” label and Thomson was out.14WWD. Yummie Re-Brands Thomson later said she sold her stake to Rothfeld, blaming “loopholes and booby traps” in her contract.15No Barriers USA. Interview With Heather Thomson
McCubbin Hosiery Trademark Case
After Thomson’s departure, Times Three Clothier kept enforcing the Yummie marks. In February 2020, it sued McCubbin Hosiery LLC in the Southern District of New York for federal trademark infringement, false designation of origin, and trademark dilution under New York law. The case (1:20-cv-01397-JPO) went before Judge J. Paul Oetken.16CourtListener. Times Three Clothier LLC v. McCubbin Hosiery LLC
McCubbin never answered. On April 28, 2021, the court entered a default judgment and permanent injunction, finding the infringement “willful and intentional.” McCubbin was ordered to stop using “Yummie by Heather Thomson,” “Yummie Tummie,” and “Yummie,” pull references from its websites, recall infringing products from retailers, surrender remaining inventory for destruction, and provide a full accounting of profits. The court also awarded Times Three Clothier $13,714 in attorneys’ fees and costs.16CourtListener. Times Three Clothier LLC v. McCubbin Hosiery LLC Thomson was no longer part of the company by this point; the action was brought by Times Three Clothier under Rothfeld’s leadership.
Where Thomson Ended Up
After exiting Yummie, Thomson moved into wellness. She launched Beyond Fresh, an organic plant-based supplement brand that grew out of her integrative nutrition studies while caring for her son Jax, who required a liver transplant as an infant.15No Barriers USA. Interview With Heather Thomson The brand first sold through ShopHQ as Nutritionary before rebranding and shifting direct-to-consumer.17The Badass CEO. Beyond Fresh