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Press Release: OpticsPlanet Files Federal Lawsuit Against OpticSale, AKYR Enterprises, Ostrovsky, Beyrak, and Former Employees

OpticsPlanet Files Federal Lawsuit Against OpticSale, AKYR Enterprises, Ostrovsky, Beyrak, and Former Employees

Chicago, IL- On December 22, 2009, OpticsPlanet, Inc. filed a federal lawsuit against OpticSale, Inc., AKYR Enterprises, Inc. (owner of the domain), Mr. Alexander Ostrovsky, Mr. Ilya Beyrak, and certain former employees. The suit was filed in the United States District Court for the Northern District of Illinois, Eastern Division. The complaint includes claims for intellectual property infringement, cybersquatting, conspiracy, and trespass to chattels for the theft of goods from OpticsPlanet.

As a top 200 Internet Retail Company, OpticsPlanet vigorously protects its physical inventory, goodwill, and intellectual property, including trademarks, copyright, trade dress, and trade secrets.

As a result of significant security measures and monitoring, OpticsPlanet uncovered a conspiracy by certain former OpticsPlanet employees, OpticSale, and AKYR Enterprises to misappropriate and steal OpticsPlanet's inventory and otherwise harm OpticsPlanet. OpticsPlanet has evidence that it believes shows that the conspirators currently possess or have sold products stolen from the OpticsPlanet warehouse to further their illegal conspiracy.

OpticsPlanet has notified the U.S. Department of Homeland Security of the theft because the stolen items are heavily regulated by the U.S. Department of Commerce and other federal and state agencies. These regulations serve to ensure that the stolen items do not fall into the wrong hands – and OpticsPlanet takes great pains to comply with all of the relevant regulations. OpticsPlanet has a robust compliance system and works to ensure that items regulated by the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are handled with an appropriately high level of care. For these reasons, OpticsPlanet plans to work with the Department of Homeland Security and any other government agency that may request assistance in their investigations.

The suit also alleges that OpticSale and AKYR Enterprises (owner of the domain), have been engaging in egregious infringements of OpticsPlanet's intellectual property rights, including cybersquatting on several domains that should rightfully belong to OpticsPlanet and trademark infringement.

OpticsPlanet's staff attorney explains OpticsPlanet's position concerning its overall strategy regarding its intellectual property: "We do not take intellectual property infringements lightly. Our intellectual property is very valuable and plays a key role in our success. Therefore, we will take all necessary and appropriate legal action to protect all aspects of our intellectual property."

OpticsPlanet has engaged the outside law firm, Enterprise Law Group LLP, to assist with its investigation and file the lawsuit. To review a copy of the complaint, click here. Review of the complaint will show that OpticsPlanet's complaint contains seventeen counts for a wide variety of improper and illegal acts, including those described in this press release.

All questions about the lawsuit should be directed to OpticsPlanet's counsel, David Seidman, Enterprise Law Group LLP, at or Kelly Swaine, OpticsPlanet Staff Attorney, at

OpticsPlanet Staff Attorney

  • Kelly Swaine
  • @:

Media Contact

  • Yelena Khavkhalyuk
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  • Tel: (847) 513-6193
  • Fax: (847) 513-6978