FIRST COMMERCIAL COURT
THE PLAINTIFF :
PLAINTIFF’S ATTORNEY :
DEFENDANT :
SUBJECT OF THE LAWSUIT : It consists of the detection and cancellation of the defendant company’s infringement of my client’s registered trademark and the claim for material and moral damages.
FACTS : 1- My client company has been operating in the field of textile on …….. for many years and has established a chain of stores.
2- Our client has registered the expression ……… as a trademark in ……. with the number …….. My client used this trademark in its workplaces, billboards, signboards and advertising tools. The service quality has gained a well-deserved reputation and has become a well-known and sought-after brand.
3- My client still continues both production and marketing activities with this trademark and has created a good market share for itself. The company against which a determination is requested operates in the textile sector at the address to be determined and uses the phrase ……… in the textile products it sells as if it were a registered trademark, as seen in the photocopy of the label we have attached.
4- The company against which the determination is requested operates in the field related to the goods and services within the scope of my client’s registered trademark, and uses almost the same phrase as the registered trademark in its own goods and services without my client’s permission. It uses the phrase ……… knowingly and for the purpose of creating confusion. This issue constitutes a violation of Article ……….
5- My client’s registered trademark, which is presented in the annex, is worthy of protection in accordance with the provisions of 556 p. Decree Law, and it is not possible for another person to use it as a trade name and business name without the permission of my client. Otherwise, it constitutes infringement of the trademark due to unfair competition.
6- For the reasons written above, since the ……… symbol used by the company against which a determination is requested is exactly similar to my client’s registered trademark, it is necessary to apply to your court to determine that this situation constitutes infringement of my client’s trademark due to unfair competition, and to decide to collect the products and advertising materials used by the company against which a determination is requested by way of injunction.
LEGAL GROUNDS :
EVIDENCE : Copy of the trademark registration certificate of my client, photocopy of the product label used by the person against whom the determination is requested.
CONCLUSION AND REQUEST : For the reasons written above; I respectfully request and demand that the determination that the person against whom the determination is requested is using the phrase ………. in its products, that the phrase ……… used by the person against whom the determination is requested is similar to my client’s registered trademark in such a way as to cause confusion, that this situation constitutes infringement of my client’s registered trademark due to unfair competition, that the products used by the person against whom the determination is requested to use my client’s registered trademark be collected by way of injunction, and that all court costs and attorney fees be imposed on the other party. ../../..
Plaintiff Attorney
Attorney………………..
(SIGNATURE)