Claim for Compensation Due to Unjustified Precautionary Measures
TO THE HONORABLE COURT
…….
PLAINTIFF: …….
ATTORNEY: …….
DEFENDANT: …….
CASE: …….
VALUE OF THE CASE: …….
SUBJECT: Claim for compensation in the amount of …….. TL due to an unjustified interim injunction.
EXPLANATIONS:
1-The defendant filed a compensation claim in the……. Case, alleging that our client unlawfully kept VCDs and video cassettes in his store, claiming that the rights to use, distribute, and sell them belonged to the defendant, and that he imposed precautionary measures on a large number of VCDs, blank CDs, video cassettes, and video and CD recording devices belonging to our client. The defendant has collected a large number of VCDs and video cassettes from the market, which he claims our client had previously rented without permission.
2- The defendant was found to be in the wrong and our client was found not to have used the products in question without permission by the decision dated……. ……. And numbered ……. The decision was upheld on appeal.
3-
Our client’s VCDs and video cassettes could not be used during the………… Month of the lawsuit. Additionally, these products, which were subject to the preliminary injunction, were out of season, and these films were rented by customers from other video clubs. Furthermore, some products were broken and scratched.
4-Our client also used video and. CD recording devices to duplicate wedding and entertainment films, but since these were stored in the court depository throughout the summer, our client was unable to take advantage of these facilities.
5-Furthermore, many of our client’s customers, upon hearing about the proceedings at our client’s store and the lawsuits at the ………. District Court, assumed that our client was engaged in illegal activities and stopped shopping with him. Our client has suffered significant financial and emotional damage.
6- On ……, the…… District Court, in its ruling on case number.…… Determined that our client is entitled to compensation for the. CDs and video cassettes that were stolen from his store and could not be sold,. Resulting in a loss of profit, in the amount of ……………. TL for CDs and video cassettes, totaling ……………… TL. We request that this amount be collected from the defendant and paid to us.
7- We reserve the right to claim moral damages on behalf of our client.
LEGAL GROUNDS:
HUMK.m.101 and following, BK.m.41 and following.
EVIDENCE: …….’s …….E. numbered case file,……. Asliye Hukuk Mahkemesi’s …….E. numbered determination file, expert witness, witness, all kinds of evidence.
RESPONSE PERIOD: 10 days.
PLAINTIFF’S CLAIM: For the reasons stated above, without prejudice to our right to claim additional compensation and file additional lawsuits, we request that the defendant be ordered to pay a total of …….. in material compensation, along with legal interest, to be collected from the defendant, for the defendant to cover the costs of the proceedings, and for the opposing party’s attorney’s fees to be paid to us as a retainer in accordance with the last paragraph of Article 164 of the Attorney’s Act No. 1136, as amended by Act No. 4667.
PLAINTIFF’S ATTORNEY