Don’t Sue Me, Bro

I was a little bit surprised to find a letter from the USTA (United States Tennis Association) and their legal department in my inbox just a few days ago. Below is a small portion of the document:

in view of the importance of this matter, the USTA respectfully requests that you: (i) immediately cease and desist from any and all use of the trademarks as described herein; (ii) terminate the use of US Open or any variation thereof in connection with any domain name; (iii) immediately remove any references to the US Open from the above-referenced Twitter account; and (iii) provide me with prompt written confirmation of your intention to comply.

-USTA Legal Department in reference to my Twitter account

How did this happen?

A few months prior to receiving the aforementioned letter, I approached the USTA, requesting to be a part of their upcoming US Open tournament in September. Expressing my passion not only for the game of tennis but for the annual event in Flushing, NY, I explained how I could add value to their ’social web’ presence. I simply wanted to be a part of the event, explained that I was not looking for monetary compensation, just the opportunity to be a part of my favorite annual Grand Slam tournament.

I had noticed that the official US Open website was lacking a certain social element. I felt there was an opportunity to integrate their coverage with live updates, real-time match commentary, and streaming photo galleries from a fan’s perspective. Being proactive in my pursuit, I created a super-simple Twitter page (@usopentennis, no longer active) using some official US Open logos as well as a few originals. I contacted the USTA’s “Advanced Media” department detailing my intentions and provided them with a link to the newly created account as a frame of reference. After this point, the Twitter page wasn’t touched again, as I was eagerly awaiting a response from the USTA.

Months past by with no reply. I did notice however, that the page was gaining a fairly solid following (atleast for a page with literally 1 update and one that clearly wasn’t yet ‘active’). This behavior continued to where it was not uncommon to gain over 100 followers per month. It was at the time when the follower-count reached around 700 that I was hit with the lawsuit asking me to terminate my Twitter account for, as they put it:

“the unlicensed use of its intellectual property for your social media outlet.”

I was left feeling with a mixed set of emotions.

Why I WASN’T Upset

• The USTA’s charges against me were 100% valid.
• Although not referenced in their official web site, the US Open did already have a Twitter account.

Why I WAS Upset

• The charges were 100% valid, however, I clearly was not trying to deceive anyone. I was in full contact with the organization and disclosed my intentions very clearly and openly.
• I only heard back from them when my Twitter page had surpassed theirs in followers. [see below]
  
  

  Screens taken as of 6/1/09

• Months after my suggestion to overhaul their social efforts, the USTA launched something similar to what I had recommended. The “US Open Series” website now featured a link to their Twitter account, as well as streaming Flickr fan image galleries.

The Overall Takeaway

Companies dream of having customers that evangelize their products and/or services. It’s these individuals that champion the company at the grass roots level, where it counts the most. Business author, Guy Kawasaki, explains the “Art of Evangelism” in this blog post.

That’s why it was a bit of a mystery to me why the USTA did not acknowledge the opportunity to expand their brand…FOR FREE! On multiple occasions, I reached out to the USTA in an effort to deliver the best solution for them, but they resisted at all costs.

Unfortunately for the USTA, they won’t just lose over 800 Twitter followers, they will be losing an evangelist’s voice. I’m certain that I could have been a tremendous extension for the US Open, helping them reach the biggest possible audience.

Just remember, when somene is clearly an evangelist for your company, it is in your best interest to simply enable them. Give these “mega-supporters” the tools that they need to accomplish the all-important act of spreading the word. You will find a lot of things to be true, none of which as important as the following: your fans are your company’s most valuable asset.