Law Articles

Application for Precautionary Measures

Application for Precautionary Measures

Application for Precautionary Measures

Application for Precautionary Measures

Application for Precautionary Measures

 

                  SAMPLE APPLICATION FOR PRECAUTIONARY MEASURES

TO THE DUTY INTELLECTUAL AND INDUSTRIAL PROPERTY LAW COURT / ÇANAKKALE

REQUEST FOR INTERIM MEASURES: …. Inc. (Tax office, Tax number must be specified) / Address

ATTORNEY: Lawyer's Name/Address

OPPOSITE PARTY: … Company/ Address

REQUEST: Due to the lack of security for our client's trademark, the plaintiff has allegedly committed trademark infringement by copying our client's trademark, violating the provisions of Law No. 556 on the Protection of Trademarks and Articles 56 and subsequent articles of the Turkish Commercial Code concerning unfair competition. Therefore, the plaintiff requests an injunction to prevent unfair competition and to prevent trademark infringement.

EXPLANATIONS: Our client company has been serving the food sector since … year. With … years of experience, it achieved success in the food sector in … year by entering into an agreement with … Dietitian's Office and launching a joint brand under the name …. To date, they have continued their business with a tolerant and respectful partnership and have achieved great success. (The agreements are attached.)

Based on the advertisements and promotions made, the Dietitian's office named .... has created an advertisement that presents itself as a partner dietitian using the same brand as our client, and is seeking clients through this. Since this has the potential to further endanger our brand and lead to more clients being gained through misunderstandings, we urgently request a preliminary injunction.

Legal Evidence: Partnership agreements, company contracts, expert reports, counterfeit trademark detection reports, and any other type of evidence.

Legal Grounds: Code of Civil Procedure, Law on the Protection of Trademarks, Turkish Commercial Code, and related legislation.

      Conclusion and Claim: We reserve our rights to claim further damages.

Firstly, due to the malicious trademark fraud, we respectfully request and demand that an immediate injunction be issued to protect our brand from potential misunderstandings, misleading advertising, and potential customer loss, and that the costs and attorney's fees be borne by the defendant.

                                                                                             Attorney Requesting Interim Measures

                                                                                                Attorney's Name and Surname

                                                                                                      SIGNATURE

(PREPARED BY: Student Segâh GÜLPEKMEZ)

 

 

 

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