By : Alina O
Source : http://business.transworld.net
Category : Patent Infringement
Last Thursday, August 2, Hurley International filed a patent infringement lawsuit against Old Navy in federal court accusing them of exploiting the patented technology Hurley developed for its Phantom shorts.
Hurley launched the Phantom Boardshort in 2007, which has since earned four consecutive SIMA “Boardshort of the Year” awards. In order to protect its successful innovation, Hurley applied for patents for its stretch material and technology, which were awarded in 2010 and 2012. Now, according to Hurley, Old Navy is selling boardshorts that use the same technology, which is protected by Hurley’s patent.
According to documents filed with the United States District Court, Hurley attests: “Instead of competing fairly, however, Defendants are exploiting the innovative technology Hurley worked hard to develop. Defendants are selling boardshorts that use technology protected by Hurley’s ’518 patent and ’922 patent, including at least the Old Navy Printed Boardshorts and the Old Navy Solid Boardshorts.” (See Illustration 2.)
Hurley, which is requesting a jury trial to resolve the matter, says it “has been and will continue to be irreparably harmed by Defendants’ infringement of the…patent.”
Hurley is requesting an injunction against Old Navy on making any further shorts with this material as well as damages to compensate it for the infringement.
While sources at Hurley confirmed the story, they said they are unable to comment at this time.
Stay tuned as this unfolds…
Source : http://business.transworld.net/107461/features/hurley-sues-old-navy-over-the-phantom-boardshorts/
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