Prevention Of Unfair Competition And Compensation Case (Franchising Agreement)
WHAT IS A FRANCHISING AGREEMENT?
Franchising is a business relationship in which the franchisee of a trademark may allow independent investors to use its trademark by providing support for the management and execution of the business under certain conditions, in return for a certain financial consideration. This business relationship is called “franchising franchise)”.
The Turkish equivalent of the word franchise is “privilege”. Franchises are companies that give the name right to the product, service, quality and name from companies that have proven their quality and name and have been successful for a certain price.
PETITION SAMPLE
TO THE COURT OF … …
THE PLAINTIFF
ATTORNEY :
DEFENDANT
SUBJECT : …- includes our request for the prevention of unfair competition and the return of the fixtures that we have the right of ownership.
EXPLANATIONS :
1-) … brand …, which has been produced by our client for years and consumed with admiration all over the world … marketing throughout Turkey, including the defendant party, with a number of private and / or legal persons willing throughout the country, known as “franchising agreement” (ANNEX 1) in practice. The registration certificate dated …/…/…/…and numbered … (Annex 2), which states that the ownership right of the said trademark belongs to our client, is attached to our petition.
2-) The contract made with the defendant is a franchasing contract, 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, has delivered the fixtures and fittings specified one by one in the annex of the contract to the defendant at the address …, which the defendant has declared as a workplace and has been operating continuously for … years, within the principles stipulated in the section regulated under the name “obligations of the franchisor”. The full and complete delivery was recorded with the report (Annex 3) dated …/…/…/… and signed by the defendant.
3-) The term of the aforementioned contract is stipulated as … year. Upon the expiration of this period 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 him 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”.
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 at the respondent’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 retention of the said fixtures, which are still in use by the defendant party, is unlawful and the defendant party gains unfair advantage in this way by avoiding a large investment cost that it would have to make if it wanted to continue its activity independently.
6-) For the reasons we have tried to explain above, it has become necessary to file this material and moral compensation lawsuit.
LEGAL GROUNDS :
LEGAL EVIDENCES :
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, I respectfully and by proxy request that the … TL material and … TL non-pecuniary damages be taken from the defendant and given to us, the unfair competition made due to the trademark whose ownership right belongs to our client be prevented, the fixtures belonging to our client be returned to us, and the court costs and attorney’s fees be imposed on the defendant. …/…/…
ANNEXES :
Plaintiff’s Counsel
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