Legal Question in Intellectual Property in Michigan

E-mail C&D letters

I know someone who received an e-mail requesting that a copyrighted video sequence be removed from his YouTube videos. As far as I know, the only contact he has had with this law office is via e-mail.

Are C&D letters sent via e-mail and not as hard, certified letters a viable legal action? It seems to me that anyone can send an e-mail as well as conceal and manipulate its true source, so it doesn't seem to me that just an e-C&D would hold up very well on it's own in a court of law.


Asked on 3/25/08, 7:42 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: E-mail C&D letters

In most cases courts have ruled that correspondence sent by email is enforceable in a court of law. A cease and desist letter is notice of violation. A suit would have to be filed to enforce the right. If you are concerned with the letter seek competent legal help in your jurisdiction.

Patrick Tracy

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Answered on 3/25/08, 8:20 pm
David Anderson Anderson Business Law LLC

Re: E-mail C&D letters

An email C & D is merely a Notice, and a courtesy, not a prerequisite to litigation.

If intellectual property right is being violated, a lawsuit can be issued, regardless of whether a C & D has gone out in any form.

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Answered on 3/25/08, 9:22 pm


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