…….TO THE HONORABLE COURT,
…….
PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT: …….
SUBJECT: Prevention of Unfair Competition
EXPLANATIONS: 1-The defendant has copied and marketed the special quality floor tiles belonging to our client’s company, which have been produced under patent for 6 years, without obtaining permission from our client.
2-The defendant did not stop at copying the product exactly; they did not even change the product name. They also copied the packaging exactly.
3-The defendant’s behavior puts our client in a difficult position in the market. Our client is forced to replace products they did not sell, and products sold at different prices create a trust issue among customers. The defendant’s behavior is causing damage to our client’s company in every respect.
4-We will file separate compensation claims for the material and moral damages we have suffered to date due to the defendant’s actions, as well as criminal proceedings for the criminal act.
5-We also request that the court, in order to prevent the defendant’s unjust behavior, seize, as a precautionary measure, both the similar products for which the defendant holds our client’s patent and all machinery and equipment used to produce these products.
6-If the court finds in our favor, we request that the final judgment be published in national newspapers, with the costs to be borne by the defendant.
LEGAL GROUNDS: Civil Code, Commercial Code, Code of Civil Procedure, etc.
EVIDENCE: Company records, patent documents, trade registry, patent, witnesses, discovery, expert witnesses, and all other legal evidence.
RESPONSE PERIOD: 10 days.
CONCLUSION: For the reasons stated above, we request that the Court issue a preliminary injunction to prevent the defendant’s unfair competition, to seize any similar products that the defendant possesses that infringe upon our client’s patent, as well as any machinery and equipment used to produce such products, If the Court finds in our favor, the final judgment shall be published in national newspapers at the defendant’s expense, and the costs of the proceedings shall be borne by the defendant. We request that, pursuant to the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667, the attorney’s fees of the opposing party be awarded to us as attorneys.
PLAINTIFF’S ATTORNEY