… … WHAT IS A COURT JUDGE?
Prosecutor:
Address:
Attorney:
Address:
DEFENDANT:
ADDRESS:
SUBJECT: …-TL. It includes our request for compensation for material and moral damages to prevent unfair competition and a decision to return the fixed assets to which we have ownership rights.
INSTRUCTIONS
1-) For the purpose of marketing … for the purpose of marketing the product, including certain individuals and/or legal entities with special requests, throughout the defendant country, under a “franchise agreement” (Appendix 1) of the type applied for and examined in the petition, the registration certificate dated and numbered indicating that the ownership rights to the brand in question belong to our client, was submitted in October.
2-) As can be seen from the examination of the contract text in our petition submitted in the appendix, together with the defendant and Bagitlamis, it is stated that the franchisor, as a feature of the system, established the business in accordance with the contract specified in the appendix, which is included in the section titled “obligations on behalf of the franchisor,” and has been operating the business for a long time. This business was established at the address declared by the defendant as their place of business, operated continuously throughout the year, and was delivered to the defendant in good condition. It is recorded that the delivery was made completely and in full with the minutes dated /…/ and bearing the defendant’s signature (ATTACHMENT 3).
3-)
The term of the contract in question was set at … years. In accordance with the right granted to our client in Article 10 of the contract, no extension was made upon the expiration of this term. Therefore, in accordance with Article 1 of the same contract under the heading “General Conditions,” the goods delivered to the defendant at the beginning of the work had to be returned in the same manner and free of charge. However, the defendant avoided returning the equipment in question by fabricating a series of false excuses and kept it for seven years.
4-) Satisfied with the contract, the defendant continued to produce and sell goods under the same name, contrary to the products previously offered to him by our client in the menu, under the heading … in the “General Conditions” section of the published article. Regarding the above-mentioned situations, the defendant was warned by the Notary on …/…/… with the … numbered warning (ATTACHMENT 4) and the …/… Despite this warning, the minutes of the decision dated …/… regarding the determination of the activity carried out, including our warning regarding the decision of the Criminal Court of Peace dated …/… , were submitted to the court for review in October.
5-)
The defendant’s attitude and behavior, which clearly violated the contract, caused both material and moral damage to our client. In other words,
The equipment installed at the defendant’s workplace and delivered to him in working condition are devices specially designed to ensure the best possible performance of the intended activity and manufactured from the highest quality materials. The defendant’s continued possession of this equipment, which is still in use, is unlawful, and the defendant is obtaining an unfair advantage by avoiding the heavy investment costs it would otherwise have to bear if it wished to continue its activities independently.
In addition to all this, our client, who has a well-deserved reputation in the food industry, owes this reputation to the care and diligence it has shown in its work. However, if there were some problems with product quality during the term of the contract and the defendant’s unfair practices continued during production even after the contract ended, the defendant attempted to eliminate unfair competition by infringing on all of our client’s rights, including its brand, name, logo, and trademarks, seriously reduced product quality, and significantly damaged our client’s reputation in the eyes of consumers.
6-) For the reasons explained above, it has become necessary to file this claim for material and moral damages.
LEGAL GROUNDS: 6102 PK m. 56, 556 Pp. CHK. m. 6
LEGAL EVIDENCE:
1- Franchise agreement dated …/…/…,
2- Trademark registration certificate dated …/…/… and numbered …,
3- Delivery report dated …/…/…,
4- Warning dated …/…/… by Notary Public
5- Warning numbered … evmiye,
6- … Criminal Court of Peace …/… File number proceedings
7- Research and expert examination,
8- Witness statements
CONCLUSION AND SUMMARY
For the reasons explained above, in order to prevent unfair competition due to our client’s trademark rights, we sincerely and on behalf of our client request that the court rule that the defendant pay us material and moral damages, return our client’s fixtures to us, and bear the court costs and attorney’s fees. …/…/…
PLAINTIFF’S ATTORNEY