TO THE LABOR COURT
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : …-TL. it includes our request to prevent unfair competition with material, …-TL non-pecuniary compensation and to decide on the return of the fixtures that we have the right to own to us.
INSTRUCTIONS :
1-) produced by our client for many years in Turkey and all over the world, consumed with admiration for the brand … in order to be marketed, the respondent across the country, including some special eager and/or legal entities in the application with the “franchise agreement” (Appendix 1) from contracts of the type known as reviewed. October 2), the registration certificate dated and numbered …, which states that the ownership right of the said trademark belongs to our client, is presented in the october of our petition.
2-) with the defendant and bagitlamis our petition that we are presented in the appendix as can be seen from an examination of the text of the agreement, the franchising authority as a feature of the system is the founder of, and long-term keeper at the position and the application located in the “franchisor, known as” our client “franchisore belong liabilities under the name of” chapter in edited in accordance with stipulated in the convention specified in the appendix of individual inventory item, he set it up at the address that the defendant reported as his workplace and operated continuously throughout the year, and delivered it to the defendant in good condition. It has been recorded that the delivery has been made in full and in full with the minutes (ANNEX 3) dated /…/ and containing the signature of the defendant party.
3-) The term of the said contract is stipulated as … years. Upon the expiration of this period, based on the right granted to our client by Article th of the contract, no extension has been granted. Thus, in accordance with Article 1 of the same agreement, which is contained in the section entitled “General Conditions”, the property that was delivered to the defendant at the beginning of the work was due to be returned in kind and free of charge. However, the defendant avoided the return of the item of equipment in question by making up some unfounded excuses and detained it in seven.
4-) the defendant, that been satisfied with the contract, “General Conditions” section is located under the name of … found in the edited article, contrary to previously listed in the menu to him by our client products under the same name and continued to produce and sell properties. As for the aforementioned situations, it includes our warning to the respondent … dated /… /… and … numbered evmiye (ANNEX 4) of the Notary’s Office and … /… D of the Magistrate’s Court in relation to the determination of the activity carried out despite this warning.October 5), the minutes of the determination made on the basis of the Iş numbered file, were submitted to the court’s examinations in the october of our petition.
5-) Due to the attitude and behavior of the respondent party in question, which is clearly contrary to the contract, both material and moral damage has been caused to our client. That is to say,
Fixtures installed at the defendant’s workplace and delivered to him in working condition are devices specially designed and made of the highest quality material to ensure the best performance of the intended activity. It is against the law for the defendant party to have these fixtures, which are still being used, detained in this way, and the defendant party receives an unfair benefit by getting rid of the burdensome investment costs it has to make if it wants to continue its activities independently in this way.
In addition to all this, our client, who has a well-deserved reputation in the field of the food industry, owes this reputation to the care and diligence he has shown in his work. However, in case the convention is in force in the period in which we live some issues about the quality of the products even where the defendant’s wrongful conduct continuing after the contract expires during the production, our client belongs to signage, names, logos, and trademarks by continuing to use set out to eliminate an unfair competition, thoroughly reduced the quality of products, our client’s reputation in the eyes of the consumer caused significant damage.
6-) For the reasons that we have tried to explain above, the necessity to open this material and moral compensation case has arisen.
LEGAL REASONS : 6102 P. K. m. 56, 556 Pp. CHK. m. 6
LEGAL EVIDENCE :
1- …/…/… franchising agreement dated,
2- …/…/… trademark registration certificate dated and … numbered,
3- …/…/… delivery report,
4- … Dated …/…/… of the Notary Public
5- … evmiye numbered warning,
6- … Of the Magistrate’s Court …/… D.File number of jobs
7- Exploration and expert examination,
8- Witness statements
Results and PROMPT : for the reasons we have tried to explain above, TL financial…, … TL non-pecuniary damages from the defendant to be taken and given to US, property rights, therefore, is the Prevention of unfair competition to brand for our client, our client inventory of all of the extradition to US, court costs and Attorney’s fees of the defendant to the side of yukletilm decided to be, respectfully, and by proxy demand. …/…/…
ADDITION:
1- …/…/… franchising agreement dated,
2- …/…/… trademark registration certificate dated and … numbered,
3- …/…/… delivery report,
4- … Dated …/…/… of the Notary Public
5- … evmiye numbered warning,
6- … Of the Magistrate’s Court …/… D.File number of jobs
7- Exploration and expert examination,
8- Witness statements
9- An example of a certified power of attorney.
