Call it a suit suit—FullBeauty faces a new lawsuit alleging it has infringed on three separate patents and a trademark held by Global Trademarks Inc. and licensed by Swim USA.
The plaintiff, Global Trademarks, states in the complaint that it holds patents for its “Rita”-style swimsuit top, its “Criss-Cross Escape” style and its “Ronnie”-style swimsuit top, all of which are licensed for use by Swim USA, a swimwear designer and manufacturer.
Lawyers for the plaintiff allege that FullBeauty and its brand Swimsuits For All (SFA) have, without approval, “been offering, promoting and selling knock-off swimsuits that infringe plaintiff’s design patents and trademark rights.”
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According to the complaint, FullBeauty and SFA purchased products from Swim USA for resale among its brands. The paperwork alleges FullBeauty did so “at least as early as 2017 and through 2019,” and that SFA did so “at least as early as 2012 and through 2018.”
Per Global Trademarks’ argument, FullBeauty and SFA stopped purchasing from Swim USA and instead pivoted to create their own swim lines.
“Since 2019, defendants no longer buy swimsuits from Swim USA. Instead, they copy the swimwear designed and manufactured by Swim USA,” the complaint reads.
The products at issue for patent infringement include two styles of ruffled, multi-tiered tankini tops and a one-piece swimsuit with criss-cross detailing over the bust.
However, the complaint alleges that the plus-size brands owner has previously stolen other, non-patented designs from Swim USA.
“[FullBeauty’s] copying is not new; it follows a pattern of copying various Swim USA styles and patterns.”
It then goes on to show 10 examples of a Swim USA swimsuit alongside the “copies” created by Swimsuits for All.
The allegations don’t end at patent infringement, though. The complaint goes on to accuse the Eloquii owner of using the “Swim Solutions” trademark, which is owned by Global Trademarks and licensed to Swim USA.
“Defendants have been using the Swim Solutions mark throughout their various websites. For example, on the www.swimsuitsforall.com homepage, defendants have inserted a banner titled, ‘Swim Solutions you can count on!’” the complaint alleges, going on to say, “Repetitive uses of the mark on nearly every product page ensures that defendants’ websites are returned on the first page of popular search engines, such as Google or Bing, when a customer searches for [Swim USA’s] Swim Solutions-branded swimwear.”
Swim Solutions-branded suits are available for sale at Macy’s, the complaint states. An online search shows other retailers, like Walmart and Amazon, also sell Swim Solutions products. The complaint alleges that FullBeauty and SFA’s alleged use of the trademark could cause confusion for a reasonable consumer.
Global Trademarks seeks multiple injunctions that would enjoin FullBeauty from using its patents or trademark, as well as all profits from the design and manufacture of the allegedly infringing Swimsuits for All styles at issue and all profits made off of its “willful and intentional infringing actions” where the Swim Solutions trademark is concerned.
FullBeauty did not comment, and Global Trademarks’ counsel did not return a request for comment.
