SOURCE: OpticSale; AKYR Enterprises Inc.

January 22, 2010 17:42 ET

OpticSale Comments on Legal Proceedings

CHICAGO, IL--(Marketwire - January 22, 2010) - OpticSale and AKYR Enterprises have concluded their preliminary investigation into case 09-cv-07934 filed by OpticsPlanet, Inc. in the United States District Court for the Northern District of Illinois, filed their Answer, Counterclaim and Motion for Entry of a Preliminary Injunction due to OpticsPlanet's Cybersquatting, Deceptive Trade Practices, Infringement on OpticSale's common law trademark, and for tortuously interfering with OpticSale and AKYR's business relationships and prospective economic advantage. OpticSale is confident that these claims are without merit and OpticSale and AKYR Enterprises are looking to this matter to be resolved in their favor in short order.

During the course of their investigation, OpticSale, AKYR Enterprises and their retained counsel, Sullivan and Associates, LLC, a commercial litigation boutique, are asserting that OpticsPlanet's claims are without merit and contain falsehoods. OpticSale is pursuing all legal avenues to effectuate an immediate retraction by OpticsPlanet.

Furthermore, OpticSale has identified various domains owned by OpticsPlanet, Inc. which are substantially similar to OpticSale.com and have been used as late as January of 2010 to redirect potential customers of OpticSale to sites owned and operated by OpticsPlanet, Inc. While OpticsPlanet decided to momentarily cease redirecting traffic originally intended for OpticSale, as of January 9, 2010, substantial monetary damages have already been incurred by OpticSale and AKYR Enterprises. OpticSale is undertaking an aggressive posture in litigation to protect its valuable brand identity and prevent further damages from occurring.

It has also been revealed, in the course of OpticSale's internal investigation, that OpticsPlanet and their CEO, Mark Levitin individually, have engaged in conduct with vendors which constitutes intentional interference with business relationships and prospective economic advantage. Beyond OpticsPlanet's efforts to redirect customers from OpticSale it is the company's assertion that OpticsPlanet is engaging in the illegal act of cybersquatting on domains which are the rightful property of OpticSale. The company also claims OpticsPlanet and Mr. Levitin have committed tortious acts for the sole purpose of preventing OpticSale from engaging in normal business relations with certain critical vendors in the industry.

OpticSale asserts that the nature of OpticsPlanet and Mark Levitin's actions have constituted conduct in violation of the Sherman Act and are intended to force vendors to cease doing business with other companies, including OpticSale. OpticSale firmly believes in the benefit of competition in an open and fair marketplace and is dedicated to protecting its brand and integrity.

OpticSale originally launched its site www.opticsale.com in 2004 with the intention of becoming a leader in supplying the country with their optics, hunting, and other outdoor products. OpticSale.com has since grown and expanded its market to cover both military and tactical products while continuing to specialize in Optics such as binoculars, rifle scopes, spotting scopes, and other optic accessories. OpticSale.com, and parent company, AKYR Enterprises Inc., are headquartered in Chicago. For further information regarding this release, please contact Alex Goldman at 847-962-4933 (alexg@opticsale.com).

Contact Information