Recently several companies have found themselves defending their logos and company names from this new creature called “the new media entrepreneur.” Logos are being bastardized and product knocked-off…all with the purpose of making people laugh, and then buy from these small start-ups.

Back in the day, big companies would bring in their crack legal team, and those guys would write a very nasty letter threatening legal action at the least, and  possibly “pain of death” if the action by the perpetrator continued.  My brother started a company called Bean Reef. Small tee-shirt company. Well, you guessed it. He got a “hang em high” letter from no other than L.L. Bean threatening legal action if he didn’t change the name. Now what L.L. Bean has to do with  a surf break off the coast of Puerto Rico…I’ll never know.

Things have changed. A couple of weeks ago, a large company directed its legal team to write a cease and desist letter, and the young guy  starting the company hired a lawyer, and went to the media and said “bring it.”  Fox News picked it up. So did new media. And the ball started rolling the wrong way for the  big brand.

Collateral damage in new media will hurt a company, even a large one, if they pick the wrong battle. Small companies who capture the fancy of the public by making products or creating marketing campaigns poking fun at a large brand  must be handled carefully. Otherwise, damage in the form of negative new media could end up in the millions of dollars.

With all due respect, lawyers are not trained to handle many new media problems. Marketing, public relations, and sales people are much better equipped to engage a small company in conversation. Perhaps there is a possible partnership. Perhaps this new entrepreneur could help bring the younger market to the larger brand.

But before the legal guns come out, companies should try a little conversation to learn the real extent of the problem. And work to find a mutual solution.

And it wouldn’t kill a brand to sometimes laugh at a funny new start-up, and do it publicly.

And this comes back to a bigger challenge for many large brands in new media, showing their humanity.