Petition For Compensation Due To Unjustified Precautionary Measures
…….TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
CASE :…….
VALUE OF CLAIM :…….
SUBJECT : Claim for compensation of …….. TL suffered due to the unjustified precautionary measure decision.
EXPLANATIONS : 1-The defendant, in ……. On the grounds that our client kept VCDs and video cassettes, the rights of use, distribution, and sale of which allegedly belong to the defendant, in his store without permission, the defendant has requested compensation and, in the meantime, has imposed precautionary measures 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 was determined in the judgment dated ……. ……. and numbered ……. that the defendant was 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 custody, has passed, and these films have been rented and watched by customers from other video clubs. In addition, some of the products have been broken and scratched.
4-Our client also used video and CD recorders to duplicate wedding and entertainment films, but since these were kept in the court depository throughout the summer, our client was unable to benefit from these facilities either.
5-Furthermore, upon hearing about the proceedings in our client’s store and the lawsuits in the small courts of ………. many of our client’s customers assumed that our client was engaged in illegal activity and stopped shopping with him. Our client has suffered significant financial and moral damage.
6-Through the ……. Civil Court of First Instance, on ……. date, with the determination we made under ……. Case Number; it has been determined that our client suffered a total loss of ……………..TL for VCDs and cassettes that could not be rented during the trial period, …………… TL for the CD and video recorder that he could not use because it was taken from his store, and ……………. TL for the CD and video cassettes, it has been determined that our client has suffered a total loss of ……………. TL. We request that this amount be collected 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 GROUNDS: HUMK.m.101 et seq., BK.m.41 et seq.
EVIDENCE: …….’s ……. E. numbered case file, …….Civil Court of First Instance’s …….E. numbered determination file, expert witness, witnesses, all kinds of evidence.
RESPONSE PERIOD: 10 days.
PLAINTIFF’S REQUEST: For the reasons stated above, and without prejudice to our right to file additional claims and lawsuits, we request that the defendant be ordered to pay our total material damages, together 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