SOURCE: OpticSale; AKYR Enterprises

OpticSale Dealer of: Alpen Binoculars, Audubon Monoculars, Bushnell Binoculars, Carson Binoculars,

April 05, 2010 21:18 ET

UPDATE: OpticSale Comments on Status of Litigation

CHICAGO, IL--(Marketwire - April 5, 2010) -  The following press release is being issued by OpticSale and Akyr Enterprises as an update to a press release issued on March 2, 2010 (original release: http://www.marketwire.com/press-release/OpticSale-Comments-on-Status-of-Litigation-1125500.htm):

OpticSale Inc., Akyr Enterprises Inc., and Ilya Beyrak wish to apologize to OpticsPlanet, Inc., its customers, vendors, employees, officers, counsel, and the general public. Our January 22, 2010 and March 3, 2010 Press Releases were false and misleading. We did not win against OpticsPlanet on our motion for a preliminary injunction at the preliminary injunction hearing.

OpticsPlanet, Inc. sued OpticSale Inc., Akyr Enterprises Inc., Ilya Beyrak, Alexander Ostrovsky and Biana Fridman, in the United States District Court for the Northern District of Illinois. We have recently filed an Answer, Affirmative Defenses and an Amended Counterclaim against OpticsPlanet in the same matter.

In connection with this case, we fully retract all of our press releases issued on January 22, 2010 and March 2, 2010. These press releases were false and misleading because they improperly misrepresented the Court's rulings. The real facts are:

  1. Our Motion for a Preliminary Injunction was denied;
  2. We were also ordered by the Court to turn over six domains relating to "OpticsPlanet," "Eyewearplanet," and any other "planet" related domains to OpticsPlanet, Inc. and;
  3. Mark Levitin is not an individual party to this lawsuit and there are no counterclaims against him.

Moreover, in one of the March 2, 2010 Press Releases, Ilya Beyrak, OpticSale's CEO, made a false statement: the Court did not find that OpticsPlanet engaged in any improper activity. Ilya's comment that OpticsPlanet produced "confusion through misleading domain names in efforts to attract customers to their site" is wrong.

To clarify and avoid misleading the public further, on February 26, 2010, the Court issued the following rulings:

  1. Akyr, OpticSale, Ilya and Ostrovsky's motion to join Mark Levitin and Patel Shvartsman, individually in this case was denied. We were permitted to file amended counterclaims solely against OpticsPlanet.

  2. At the preliminary injunction hearing, the Court stated that it could not grant the parties' cross motions for preliminary injunctions without permitting discovery and further evidentiary matters. However, the Court did grant the following preliminary relief to protect against public confusion:

    1. Akyr and OpticSale were ordered to turn over to OpticsPlanet the domain names optic-planet.com, optic-planets.com, optics-planets.com, eyewearplanet.com, eyewearplanets.com, eyewearsplanet.com, and any derivatives of "OpticsPlanet," "Eyewearplanet," and anything else relating to "Planet."

    2. OpticsPlanet was ordered to turn over to OpticSale, the domain names opticssale.com and optic-sale.com, and any derivatives thereof.

It should be understood that the Court did not rule that we were entitled to ownership of the name "Optic Sale" -- that is a matter of dispute in the parties' lawsuit, to be resolved in the future (there is no dispute as to OpticsPlanet's right to use its own name). Instead, the Court determined that during the pendency of the lawsuit, until some other order might be found appropriate, each party should have ownership of the domain names that match the names under which each is doing business.

Original Press Release: http://www.marketwire.com/press-release/OpticSale-Comments-on-Status-of-Litigation-1125500.htm

Contact Information

  • Contacts:

    Alex Goldman
    847-962-4933
    Email Contact

    Ken Sullivan
    Counsel for OpticSale
    312-499-3797