Vancouver-based underwear company, SAXX, has announced that it has settled its lawsuit against Stateside Merchants, according to BIV. As a part of the settlement, Stateside Merchants will reportedly be donating $2,500 on behalf of SAXX to the Testicular Cancer Foundation. This news comes after SAXX filed a lawsuit in Canada alleging that Stateside Merchants, a California-based company, had infringed claims in SAXX’s patent.
According to the Statement of Claim filed on April 24, 2023, SAXX alleged that Stateside Merchants marketed and sold underwear in Canada that infringed several claims of their Canadian Patent No. 2,615,227, titled UNDERWEAR GARMENT FOR A MALE. The SAXX underwear claims to be unique in that it addresses the problem of chaffing while maintaining comfort.
While SAXX remains a privately-held company, its CEO, Wendy Bennison reportedly told BIV in 2018 that SAXX’s sales were in the “tens of millions of dollars”, a 14-fold increase since 2013. SAXX’s business reportedly focuses on e-commerce and wholesale partners, recently collaborating with the Hudson’s Bay Co. (“HBC”) to open a store within HBC’s flagship location in Toronto.
Authors: Arash Rouhi and Olivia Moon, 2023/2024 Articling Student-At-Law
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