Claim For Compensation Due To Unjustified Precautionary Measures
TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
CASE :…….
VALUE OF THE CASE: …….
SUBJECT: Claim for compensation of …….. TL incurred due to the unjustified provisional measure decision.
EXPLANATIONS: 1-The defendant, in ……. , the defendant filed a compensation lawsuit on the grounds that our client kept VCDs and video cassettes, the rights to use, distribute, and sell which allegedly belong to the defendant, in his store without permission, and at the same time, he imposed a precautionary measure on many VCDs, blank CDs, video cassettes, and video and CD recorders belonging to our client. The defendant even collected a number of VCDs and video cassettes from the market, which he claimed our client had previously rented without permission.
2-It has been established by the judgment dated ……. ……. and numbered ……. that the defendant is in the wrong and that our client did not use the products in question without permission. The decision was upheld on appeal.
3-The VCDs and video cassettes belonging to our client could not be used during the ………… months of the lawsuit. Moreover, the season for these products, which were kept under precautionary measures, has passed, and these films have been rented from other video clubs by customers. In addition, some of the products have been broken and scratched.
4-Our client was also using video and CD recorders to duplicate wedding and entertainment films, but since these were kept in the court warehouse throughout the summer, our client was unable to make use of these facilities either.
5-Furthermore, many of our client’s customers, upon hearing about the proceedings in our client’s store and the lawsuits in the small court of ………. , assumed that our client was engaged in illegal activities and stopped shopping with him. Our client has suffered significant financial and emotional damage.
6-Through the ……. Civil Court of First Instance, on ……. date, with the determination we made under case number ……. TL for the CDs and video cassettes that he could not sell and profit from because they were taken from his store, and ……………. TL for the CDs and video cassettes, totaling ……………. TL in damages suffered by our client. We request that this amount be recovered from the defendant and paid to us.
7-We reserve the right to file additional claims for moral damages on behalf of our client.
LEGAL REASONS: HUMK.m.101 et seq., BK.m.41 et seq.
EVIDENCE: …….’s ……. E. numbered case file, …….Asliye Hukuk Mahkemesi’nin …….E. numbered determination file, expert witness, witness, all kinds of evidence.
RESPONSE PERIOD: 10 days.
PLAINTIFF’S REQUEST: Based on the reasons stated above, and subject to our right to claim additional damages and file additional lawsuits, we request that the defendant be ordered to pay us a total of ……. material damages, along with legal interest, be collected from the defendant, that the costs of the proceedings be borne by the defendant, and that the opposing party’s attorney’s fees be awarded to us as attorneys in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY
