Garment

Description

This application claims priority to, and is a divisional application of U.S. Design Application 29/302,500 (now U.S. Design Pat. D302,500), filed on Jan. 17, 2008, the contents of which are hereby incorporated by reference.

This application is related to, and is a continuation application of, U.S. Design Application 29/350,198 (now U.S. Design Pat. D616,627), filed on Nov. 12, 2009, which is a Continuation of U.S. Design Application 29/302,500 (now U.S. Design Pat. D302,500), filed on Jan. 17, 2008, the contents of each application are hereby incorporated by reference.

This application is related to co-pending U.S. Design Application 29/350,288, filed on Nov. 13, 2009, the contents of which are hereby incorporated by reference.

FIG. 1 is a front elevation view of Embodiment 1, of a garment;

FIG. 2 is a rear elevation view thereof;

FIG. 3 is a right elevation view thereof;

FIG. 4 is a left elevation view thereof;

FIG. 5 is a right side elevation view Embodiment 2, of a garment, where the front and rear elevation views are the same as FIGS. 1-2; and,

FIG. 6 is a left elevation view of Embodiment 2, of a garment.

The center section and lower section of the claimed design is shaded to illustrate different appearances.

The broken lines shown in the drawings are for environmental structure only and form no part of the claimed design.

Claims

CLAIM The ornamental design for a garment, as shown and described herein.

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Inventors:	Schindler; Heather Thomson (New York, NY)
Assignee:	Times Three Clothier, LLC. (New York, NY)
Appl. No.:	D/350,290
Filed:	November 13, 2009

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Related U.S. Patent Documents

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	Application Number	Filing Date	Patent Number	Issue Date
	29302500	Jan 17, 2008	D606285
	29350198	Nov 12, 2009
	29302500	Jan 17, 2008	D606285

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Current U.S. Class:	D2/702
Current International Class:	0202
Field of Search:	;D2/700-703,731,732,828,840,718,737,847,714,800,706,708,717,723,756,793,841 ;2/112,113,69,67,70,73,78.1,78.2,78.3,104,105,109,110 ;450/96,94,115,116,122-124,127,132,154,10,15,30,112,1,3,7,11,20,31,34,63,64,86,95 ;66/176

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Other References

Left-hand image on Contents page, "Self" magazine, Jan. 2006 issue. (2 pages). cited by examiner . Cover and ad page picturing Serena Williams, "Lucky" magazine, Oct. 2003. (2 pages). cited by examiner . Mila Kunis Magazine Cover, [on-line]; [downloaded from the Internet on May 5, 2012]; [cover identified is for Oct. 2003 issue]; URL: <http://www.whosdatedwho.com/tpx.sub.--1783/mila-kunis/magazinecovers.- sub.--13>. (4 pages). cited by examiner . Maidenform's Responses and Objections to TTC's First Set of Requests for Production of Documents (Nos. 1-144)--Aug. 24, 2010. cited by other . Maidenform's Second Set of Requests for the Production of Documents and Things (Nos. 78-123)--Sep. 3, 2010. cited by other . Maidenform's Second Set of Interrogatories (Nos. 16-17)--Sep. 3, 2010. cited by other . Maidenform's First Supplemental Responses and Objections to TTC's First Set of Interrogatories--Sep. 10, 2010. cited by other . 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Donner--Feb. 22, 2011. cited by other . 1--Email from Christine Conforte to Heather Schindler "FW: Tummy Tee," sent Dec. 1, 2006. cited by other . 2--Email from Christine Conforte to Heather Schindler "Liz Lange," sent Dec. 13, 2006. cited by other . 3--Email from Heather Schindler to Chistine Conforte "Liz Lange," sent Dec. 13, 2006. cited by other . 4--Email from Christine Conforte "Liz Lange," sent Dec. 11, 2006. cited by other . 5--Email from Heather Schindler to Christine Conforte "Liz Lange," sent Dec. 9, 2006. cited by other . 6--Email from Christine Conforte to Heather Schindler "Liz Lange," sent Dec. 7, 2006. cited by other . 7--Email from Heather Schindler to Christine Conforte "Liz Lange," sent Dec. 7, 2006. cited by other . 8--Email from Christine Conforte to Heather Schindler, "Liz Lange," sent Dec. 6, 2006. cited by other . 9--Email from Heather Schindler to Liz Lange copying Michelle Mooring and Christine Conforte, "Follow Up," sent Jan. 24, 2007. cited by other . 10--Email from Liz Lange to Heather Schindler copying Christine Conforte and Michelle Mooring, "Follow Up," sent Jan. 23, 2007. cited by other . 11--Email from Heather Schindler to Liz Lange copying Christine Conforte and Michelle Mooring, "Follow Up," sent Jan. 23, 2007. cited by other . 12--Email from Liz Lange to Heather Schindler copying Christine Conforte "Follow Up," sent Jan. 19, 2007. cited by other . 13--Email from Heather Schindler to Christine Conforte copying Michelle Mooring "FW: TummyTube," sent Jan. 31, 2007. cited by other . 14--Email from Christine Conforte to Heather Schindler copying Liz Lange "Tummy Tube," sent Jan. 30, 2007. cited by other . 15--Email from Heather Schindler to Liz Lange copying Michelle Mooring and Christine Conforte "TummyTube," sent Feb. 6, 2007. cited by other . 16--Email from Liz Lange to Heather Schindler and Christine Conforte "TummyTube," sent Feb. 2, 2007. cited by other . 17--Email from Heather Schindler to Christine Conforte copying Liz Lange "TummyTube," sent Feb. 2, 2007. cited by other . 18--Email from Christine Conforte to Heather Schindler copying Liz Lange "TummyTube," sent Jan. 30, 2007. cited by other . 19--Email from Ivan A. Saperstein to Heather Schindler copying Michelle Mooring and J. Schindler "Gatsby's" sent Jul. 20, 2007. cited by other . 20--Email from Heather Schindler to Ivan A. Saperstein copying Michelle Mooring and J. Schindler "Gatsby's" Jul. 20, 2007. cited by other . 21--Email from Ivan A. Saperstein to Michelle Mooring, Heather Schindler and J. Schindler "Gatsby's" Jul. 20, 2007. cited by other . 37Ba, 37Bb, 37Bc--Collection of Photographs received by Applicant on Dec. 8, 2010. cited by other . 1--Alleged Ann Mason Receipt; Nov. 26, 2006. cited by other . 2a & 2b--Declaration of Ann Mason; May 19, 2007. cited by other . 3--Yummie Tummie and Maidenform Settle Patent Infringement and Invalidity Lawsuits, Fox News 44, PR Newswire (2011). http://www.fox44now.com/story/15242333/yummie-tummie-and-maidenform-settl- e-patent-infringement-and-invalidity-lawsuits?clienttype=printable--printe- d Aug. 12, 2011. cited by other . 4--Maidenform Brands, Inc. Reports Second Quarter 2011 Results and Provides Guidance for Full Year 2011, News Releases--General News, Iselin, NJ--/PRNewswire via Comtex/ Aug. 10, 2011. cited by other . 5--Associated Press, "Maidenform 2Q net income drops on settlement," Yahoo News (Aug. 10, 2011). http://news.yahoo.com/maidenform-2q-net-income-drops-settlement-125621767- .html--printed Apr. 20, 2012. cited by other . 1A--"Style Spy," Lucky Magazine, p. 26, Jan. 2002 issue. cited by other . 5A--"Fashion Q & A," Shape Magazine, p. 68. Jan. 2008 issue. cited by other . 7A--"Self Selects," Self Magazine, p. 162. Jun. 2000 issue. cited by other . 8A--"Do good while you shop," Lucky Magazine, p. 286. Oct. 2006 issue. cited by other . 9A--"Photo Finish," WWD Intimates catalog. 2006. cited by other . 10A--"Shapewear Report," in Style Magazine, pp. 338-346. Sep. 2007 issue. cited by other . 11A--Self Magazine advertisements. Jun. 2007 issue. cited by other . 12A--Self Magazine, p. 33. Dec. 2007 issue. cited by other . 13A--"My best stress bust is . . . ," Self Magazine, p. 200. Apr. 2002 issue. cited by other . 14A--Times Three Clothier, LLC Sales Order No. 1000, Sales Order Date Apr. 30, 2007. cited by other . 15A--Invoice billed and shipped to Seams Beautiful Carolyn Weaver, Invoice # 00006138, Aug. 11, 2006. cited by other . 16A--Invoice billed and shipped to Seams Beautiful Carolyn Weaver, Invoice # 00006155, Aug. 25, 2006. cited by other . 17A--Packing Slip to Seams Beautiful, Aug. 25, 2006. cited by other . 2A--LeCove swimwear catalog, p. 26 received by Applicant Aug. 24, 2010. cited by other . 3A--JC Penney maternity catalog, pg. 165 received by Applicant Aug. 24, 2010. cited by other . 4A--WWD Intimates catalog, cover received by Applicant Aug. 24, 2010. cited by other . 6A--Vogue Magazine, vol. 15, cover received by Applicant Aug. 24, 2010. cited by other . 1Ba, 1Bb, 1Bc, 1Bd, 1Be, 1Bf, 1Bg, 1Bh, 1Bi--Maidenform v. Times Three Clothier LLC d/b/a Yummie Tummie, Case No. 10-cv-1661 (GBD)--Skinny Cami Declarations. pp. 1-118 (submitted in 9 parts) received by Applicant Dec. 14, 2010. cited by other . 2B--Applicant's Specifications. pp. 1-3 (submitted in 1 part) dated May 24-Jun. 11, 2007. cited by other . 5B--Skinny Camisole Slimmer Corset Shaper Girdle, http://co103w.co1103.mail.live.com/mail/RteTrame.sub.--15.1.3059.0405.htm- l?pf=pf (URL is incomplete). pp. 1-3 (submitted in 1 part) received by Applicant Aug. 24, 2010. cited by other . 6Ba, 6Bb, 6Bc--Applicant's Tummy Tees. pp. 1-3 (submitted in 3 parts). 6Ba is Applicant's Tummy Tee early prototype sewn in Feb./Mar. 2005. 6Bb and 6Bc are photos of Applicant's production sample first received May 30, 2007. cited by other . 7B--Gazelle Sleeveless Long Shirt, Adidas, www.shopadidas.com/product/index.jsp?productID=3847890&v2=y&cp=3748175.3 . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 8B--Super Soft Slimmer Tank, MyShape, www.myshape.com/shop/style/11906?ci.sub.--sku=11906&utm.sub.--source . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 9B--Ann Michell Spaghetti Strap Tank Top Style 982, Lauren Silva, www.laurensilva.com/Ann.sub.--Michell.sub.--Spaghetti.sub.--Strap.sub.--C- amisole.sub.--Control.sub.--Shirt.sub.--p/an . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 10B--New Marilyn Monroe Smoothing Camisole 7762, ebay, www.cgi.ebay.com/NEW-MARILYN-MONROE-SMOOTHING-CAMISOLE-7762-28 . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 11B--Nancy Ganz The Belly Band Convertible Bodybriefer 3313, Her Room, www.herroom.com/Nancy-Ganz-3313-The-Belly-Band-Convertible-Bodyvriefer.sh- t . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 12B--Nike Seamless Airborne Women's Long Tank Top, Nike, http://store.nike.com/us/en.sub.--us/?l=shop,pdp,ctr-inline/cid-1/pid-282- 277/pgid-238467 received by Applicant Aug. 24, 2010. cited by other . 13B--Nike Fly Lightweight + Women's Sports Top, Nike, http://clothing-and-accessories.become.com/nike-fly-lightweight-womens-sp- orts-top--com . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 14B--Pretty Shapewear Camisole, SassyBax, www.sassybax.com/pretty-camisole.php received by Applicant Aug. 24, 2010. cited by other . 15B--Underwire Torso Trim, SassyBax, www.sassybax.com/underwire.sub.--trim.php received by Applicant Aug. 24, 2010. cited by other . 16B--The Torso Trim, SassyBax, www.sassybax.com/torso.sub.--trim.php received by Applicant Aug. 24, 2010. cited by other . 17B--Belly Bra, JCPenney, www.jcpenney.com/jcp/X6.aspx?DeptID=51669&CatID=51669&Grptyp=Siz&Item . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 18B--Secret Sculptor Tunic, Shape Fx, www.shapefx.com/store/Shapewear.sub.--Shop.sub.--by.sub.--Category.sub.--- Camis.sub.--Tanks.sub.--Se . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 19B--The Skinny, www.skinnycami.biz/files/ received by Applicant Aug. 24, 2010. cited by other . 20B--Slimplicity Lingerie Strap Camisole, Spanx, www.spanx.com/product/index.jsp?productId=3977353&cp=2992553.4015964&par . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 21B--Hide & Sleek Cami, Spanx, http://web.archive.org/ . . . (URL is incomplete) received by Applicant Aug. 24, 2010, Page shown present on Internet on Oct. 30, 2007. cited by other . 22B--Hide & Sleek Full Slip 18 Inch 060A, Spanx, www.herroom.com/Spanx-060A-Hide-Sleek-Full-Slip-18-Inch.shtml received by Applicant Aug. 24, 2010. cited by other . 23B--Teez-Her The Skinny Tank, Teez-Her, www.essentialapparel.com/index.cfm/a/catalog.prodshow/vid/72638/catid/267- /Teez . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 24B--Cami-Rolls, http://camirolls.com/shop.shtml received by Applicant Aug. 24, 2010. cited by other . 25B--TummyTee, www.redefyne.com/turnmytee.html received by Applicant Aug. 24, 2010. cited by other . 26B--Champion Seamless Empire Top with Built-In Sports Bra, Champion, www.championusa.com/Champion/Products/Women-Champion/Women.sub.--ShopByCa . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 27B--Cosabella Smooth Bodyshaper Cami SHPE702, CosaBella, www.herroom.com/Cosabella-Shpe702-Smooth-Bodyshaper-Cami.shtml received by Applicant Aug. 24, 2010. cited by other . 28B--Daisy Fuentes Slimming Camisole, Kohls, www.kohls.com/upgrade/webstore/product.sub.--page.jsp?PRODUCT%3C%3Eprd.su- b.--id=8 received by Applicant Aug. 24, 2010. cited by other . 29B--582L Countouring Balconet Bra Cami-Long Torso, Dumi Shapewear, www.du-mi.com/store/product-info.php?pid12.html received by Applicant Aug. 24, 2010. cited by other . 30B--Very Precious, Great Glam, http://greatglam.com/pd-very-precious.cfm received by Applicant Aug. 24, 2010. cited by other . 31B--Sensual Charm, Great Glam, http://greatglam.com/pd-sensual-charm1.cfm received by Applicant Aug. 24, 2010. cited by other . 32B--Yalof Schwartz, Suze, "Too Busy for the Gym?" Glamour, www.glamour.com/fashion/blogs/slaves-to-fashion/2007/10/too-bus . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 33B--Underwire Torso Trim, Sassybax, http://webarchive.org/web/20071020033219/sassybax.com received by Applicant Aug. 24, 2010. cited by other . 34B--Nancy Ganz The Belly Band Convertible Bodybriefer 3313, Nancy Ganz, www.herroom.com/NancyGanz . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 35B--Spanx Hide & Sleek Full Slip 060A, Spanx, www.herroom.com/Spanx-Hide . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 36B--Spanx Hide & Sleek Cami 050, Spanx, www.herroom.com/Spanx . . . (URL is incomplete) received by Applicant Aug. 24, 2010. cited by other . 37Ba, 37Bb, 37Bc--Collection of Photographs received by Applicant on Dec. 8, 2010 received by Applicant Aug. 24, 2010. cited by other . 3B--Maidenform's Initial Disclosures. pp. 1-13 (submitted in 1 part) Jul. 9, 2010. cited by other . 4B--Maidenform's Responses and Objections to TTC's First Set of Interrogatories (Nos. 1-18). pp. 1-12 (submitted in 1 part) Aug. 24, 2010. cited by other.

Primary Examiner: Eldridge Powers; Karen E.
Attorney, Agent or Firm: Stroock & Stroock & Lavan LLP