Prevention Of Unfair Competition And Compensation Case (Franchising Agreement)
Types of Lawsuits Based on Unfair Competition
1- Unfair Competition Determination Lawsuit
Anyone who has a legal interest in filing an unfair competition lawsuit is authorized to file this lawsuit. He/she has the right to have it determined whether the behavior or action is in violation of the rule of honesty or in the nature of unfair acts that are misleading to customers and the public. It is also possible to file other lawsuits regarding the unfair competition act, the existence of which is determined in the determination case, and to show the result obtained in this case as evidence.
2-Suit for Prevention of Unfair Competition
If the behavior or action that leads to unfair competition is still continuing or there are possibilities that it will recur, this situation can be prevented by filing a lawsuit for the prevention of unfair competition. It is aimed to eliminate the act that leads to unfair competition through the court.
3-Suit for the Removal of Unfair Competition
It is a lawsuit that enables the return to the situation before the act of unfair competition. It is filed in order to eliminate the material situation arising from the act of unfair competition and to eliminate the consequences of the action. If the unfair competition is based on false or misleading statements, it may also be requested to correct the statements or, if deemed necessary, to destroy the tools and products that constitute unfair competition. In short, with this lawsuit, necessary measures can be taken to eliminate all negative effects in the relevant sector or market and return to the previous situation.
4- Suit for Material and Moral Damages for Unfair Competition
In order to claim compensation from the other party for acts and transactions that constitute unfair competition, it is necessary to prove that the perpetrator has committed these behaviors intentionally or negligently. At the same time, it must be proved in the lawsuit that the damage has been suffered due to the act of unfair competition and the amount of this damage. Even if the plaintiff proves the amount of damage, the amount of compensation will be determined by the judge. In determining the amount of compensation, the judge takes into account the amount of damage suffered, the special circumstances of the concrete case and the degree of fault of the perpetrator.
It is also possible for the person whose professional reputation has been damaged due to unfair competition to file a lawsuit for moral damages. As a result of this lawsuit, the judge may also decide to pay a certain amount of money or to announce the decision through the press and to condemn the act.
Prevention of Unfair Competition and Compensation Lawsuit Petition Sample
TO THE COURT
DEFENDANT :
ATTORNEY :
PLAINTIFF:
SUBJECT : …-TL. material, …-TL moral compensation and the prevention of unfair competition and the return of the fixtures that we have the right of ownership.
EXPLANATIONS
1-) In order to ensure the marketing of … brand …, which has been produced by our client for years and consumed with admiration all over the world, contracts known as “franchising contracts” (ANNEX 1) have been made with a number of private and/or legal persons willing throughout the country, including the defendant party. The registration certificate dated …/…/…/… and numbered … (Annex 2), stating that the ownership right of the said trademark belongs to our client, is attached to our petition.
2-) As can be seen from the examination of the text of the agreement concluded with the defendant party and submitted as an annex to our petition, as a feature of the franchising institution, our client, who is the founder and long-term protector of the system and called “franchisor” in practice, within the principles stipulated in the section regulated under the name of “obligations of the franchisor”, the fixtures specified one by one in the annex of the agreement, the defendant’s workplace and … …, where it has been operating continuously for years, and delivered it to the defendant in working condition. The fact that the delivery was made in full and complete was recorded with the report (Annex 3) dated …/…/…/… and containing the signature of the defendant.
3-) The term of the aforementioned contract is stipulated as … year. Upon the expiration of this term on …/…/…/…, no extension of time was granted based on the right granted to our client by the article … of the contract. Thus, pursuant to article … of the same contract under the section titled “General Conditions”, an obligation arose to return the fixtures delivered to the defendant at the beginning of the work in full and free of charge. However, the defendant party avoided the return of the said fixtures by fabricating some unfounded excuses and kept them under its custody.
4-) The defendant party was not satisfied with this and continued to produce and sell the products in the menu previously given to it by our client under the same name and features, in violation of the … th article in the section of the contract under the name of “General Terms”. Anılan durumlara ilişkin olarak, davalı tarafa ihtarımızı içerir … Noterliği’nin …/…/… tarihli ve … yevmiye numaralı ihtarnamesi (EK 4) ile bu ihtarnameye rağmen sürdürülen faaliyetin tespitine ilişkin olarak … Sulh Hukuk Mahkemesi’nin …/… D.İş sayılı dosyası üzerinden yaptırılan tespite ilişkin tutanak (EK 5), dilekçemiz ekinde mahkemenizin tetkiklerine sunulmuştur.
5-) Due to the attitudes and behaviors of the defendant party, which are clearly contrary to the contract, both material and moral damage has arisen for our client. Namely,
The fixtures installed in the defendant’s workplace and delivered to him in working condition are devices specially designed and manufactured from the highest quality materials for the best realization of the intended activity. The withholding of the said fixtures, which are still in use by the Respondent, is unlawful and the Respondent gains an unfair advantage by avoiding a large investment cost that it would have to make if it wanted to continue its activity independently.
In addition, our client, which has a well-deserved reputation in the food industry, owes this reputation to the care and diligence it shows in its work. However, the defendant party, with whom we had some problems regarding the quality of the products even during the period when the contract subject to the lawsuit was in force, not only engaged in unfair competition by continuing to use the signboards, names, logos and brands belonging to our client during the production that it continued to carry out unfairly after the expiry of the contract, but also caused significant damage to the reputation of our client in the eyes of the consumer with the products whose quality was significantly reduced.
6-) For the reasons we have tried to explain above, the necessity to file this material and moral compensation lawsuit has arisen.
LEGAL GROUNDS :
LEGAL EVIDENCES :
1- …/…/…/… dated franchising agreement,
2- …/…/…/… dated and … numbered trademark registration certificate,
3- …/…/…/… dated delivery report,
4- …/…/… dated …/…/…/… dated
5- … docket numbered notice,
6- … Civil Court of Peace’s …/… D.. File no.
7- Discovery and expert examination,
8- Witness statements
CONCLUSION AND REQUEST
For the reasons we have tried to explain above, I respectfully and by proxy request that the … TL pecuniary and … TL non-pecuniary damages be taken from the defendant and given to us, the unfair competition made due to the trademark whose property right belongs to our client be prevented, the fixtures belonging to our client be returned to us, the court costs and attorney’s fees be charged to the defendant. …/…/…
ATTORNEY FOR THE PLAINTIFF