Hurley dismissed its patent infringement lawsuit against Old Navy on Dec. 3, according to court files.
The company agreed to dismiss the complaint on the understanding that Old Navy is no longer selling the shorts in question, through either its stores or online, and currently has no plans to reintroduce those products in the future.
Hurley filed suit against Old Navy in August, alleging the retailer was ripping off Hurley’s Phantom boardshorts.
Hurley was awarded two patents relating to components of material, construction and stretch and how those elements work together in the Phantom, in 2010 and 2012.
The Old Navy boarshorts in question
Two of the Old Navy boardshort styles cited in the lawsuit were selling for as low as $12 at the time on the Old Navy website.
Phantom, first launched in 2007, raised the bar for industry boardshorts and has been awarded SIMA’s Boardshort of the Year for four consecutive years.
Phantom is again nominated in the Boardshort of the Year category at the upcoming SIMA Image awards Feb. 7.
At first, there was a lot of apprehension in the industry when Hurley was awarded the patents that the company would sue industry competitors.
Hurley said at the time, however, that boardshorts are a key differentiator for the industry as a whole vs. companies that come from outside the surf world and that the industry has a better chance of controlling its destiny if it owns the boardshorts category.