Writing something out of franchising.
In a typical pre-litigation trademark infringement case, the first step is not rushing to court—but giving the other side a chance to make things right.
Usually, the trademark owner (or their legal representative) will issue a cease and desist letter, also known as a notice of demand. This letter formally notifies the alleged infringer of the owner’s rights, sets out how those rights have been infringed, and demands that the infringing activity be stopped immediately.
Importantly, when we issue a notice of demand, we always attach a sample Statutory Declaration (SD). This document is meant to be signed and affirmed by the alleged infringer if they agree to stop the infringement. The SD typically includes a declaration that they:
- Acknowledge the mistake (without necessarily admitting liability),
- Undertake not to repeat the infringing act, and
- Agree that if they do repeat it, legal action may be taken without further warning—including claims for damages, injunctions, and costs.
Now, here’s something worth saying clearly:
If you’re on the receiving end and truly intend to stop the infringement, there is no need to fear signing the SD.
It is not a trap. It is actually the most efficient and amicable way to settle the matter without going to court.
Signing the SD shows you’re acting in good faith. It protects you from prolonged legal proceedings and signals that you want to resolve things professionally. It also protects the trademark owner by recording your promise to stop, in writing and under oath.
As always, do read the document carefully. Get legal advice if you’re unsure. But if the intention is sincere and the terms are fair, signing the SD helps close the matter quickly and affordably for both sides.
Sometimes, in law, all it takes to avoid a lawsuit is a sincere promise… and a signature.