The Nike-owned Hurley surf brand has filed a federal lawsuit accusing Old Navy of selling board shorts that infringe its patents.

It claims Old Navy has been selling board shorts that feature "relatively rigid waistband material with extremely high stretch body material", a design it patented in 2007.

Hurley said the Phantom board short has experienced commercial success and been the subject of industry praise, including winning the Surf Industry Manufacturer's Association "Boardshort of the Year" for the past four years.

The suit alleges that Old Navy is exploiting the technology that Hurley worked hard to develop.

Hurley is seeking an injunction preventing Old Navy from continuing to sell the products. It also wants an unspecified amount of damages.