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Big Company Sent C&D Over My Small Business Name — Do I Have to Change?

Started by small_biz_name_cd · Nov 22, 2025 · 9 replies
For informational purposes only. This is not legal advice.
SB
small_biz_name_cdOP

Looking for advice on this situation. Big Company Sent C&D Over My Small Business Name - Do I Have to Change? Any guidance would be greatly appreciated.

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

RF
REAttorney_FLAttorney

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

SC
SaaS_CEO_Austin

Registration with the Copyright Office is important for enforcement. You can't sue for statutory damages or attorney fees without registration. The filing fee is $65 and it's worth doing for any valuable creative work.

HB
heartbroken_bride

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

EL
EmploymentAtty_LAAttorney

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

HB
heartbroken_bride

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

AF
AustinRenter_Frustrated

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

RF
REAttorney_FLAttorney

Before sending any cease and desist, make sure you actually own the IP you're claiming. I've seen cases where the person sending the C&D didn't have standing because they never properly registered the copyright.

HB
heartbroken_bride

This is a common issue that comes down to whether the work was "work for hire" or independent contractor work. The Copyright Act has specific definitions for each, and the distinction matters enormously.

SB
small_biz_name_cdOP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

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