OpticSale Comments on Legal Proceedings
January 22 2010 - 5:41PM
Marketwired
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: Alex Goldman 847-962-4933 Email Contact