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 Being proactive in my pursuit, I created a super-simple Twitter page (@usopentennis, no longer active) using some official US Open logos as well as a few originals.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.

The web has shown the unique ability to progress, advance, and grow at an infinite rate, and at a ridiculous pace.  As this maturity takes place, we are sometimes forced to play catch up in order to stay current and utilize all of the web’s offerings.  This familiar scenario is exemplified when looking at businesses that operate on the web.  Since the popularization of e-commerce, businesses have found the internet (and rightfully so) to be a terrific platform for conducting their trade.   Nowadays, nearly all businesses have some sort of presence on the web.  You would be hard-pressed to find  a company without a website or at least some sort of online contact information.

Unfortunately for businesses, the quickly advancing web has now made this sort of online existence, “old school”, if you will.

The web has gone through a pretty large transformation since the first dot-com bubble in the late 90s to early 00s.    What was once a static and structured architecture is now a dynamic, user-driven platform.  The internet is now centralizing around users and their activity instead of solely spotlighting the businesses that provide the content.  The web has and continues to evolve into a huge social arena, connecting users across the vast landscape of the web.

So, how has this ’social web’ changed companies and their online presence?

It is not acceptable for companies to remain hidden behind their “corporate veils” anymore.  The web has given everyone a voice, and it is imperative for these businesses to start participating in the “conversation”.  We are seeing more and more companies utilizing social tools like blogs, Twitter, and various social networks in order to engage their current and potential customers.

Recently, Facebook found themselves in a sticky situation as they updated their terms of service (ToS).  A massive uproar soon followed.  Articles and blog posts filled the internet about the company and its unfair terms.  In response to the uproar, Facebook temporarily went back to its older ToS, and is now asking for user feedback while it drafts its replacement ToS, now known as its “Statement of Rights and Responsibilities.”

These are the types of actions that truly define a democratized business.  It stems from listening and interacting with customers.  Businesses who do not participate are at a huge disadvantage.  The evolution of the web has brought consumers together and has put businesses in a unique position.  In order to succeed, it is critical for businesses to start tapping into this network, giving their customers a voice, or else they stand a real chance of losing out to companies that do.

What is interesting about the Facebook ToS debacle is that the story broke immediately and spread to major news sources almost instantly.  Of course, Facebook, being the largest and most popular social network, will tend to receive lots of attention.  But you would assume from the number of stories written that this was an earth-shattering situation for all Facebook users.  Well, in fact, it turns out that only about 0.006% of Facebook users cared about this story!  I can only imagine what would happen if a majority of users were interested.

Point is, businesses must offer customers a voice.  Businesses who democratize and knock down their corporate barriers stand to gain a lot of attention and respect from the general audience.

“I’m nervous about sharing my ideas and putting them out into the open”

This is such a common sentiment shared by many aspiring entrepreneurs.  I’ve heard it time and time again.  It isn’t hard to understand why these individuals feel this way.  I mean, who wants their ideas to be stolen right out from underneath them?  Who wants to give up control of their beloved baby to some strangers?  Who can they trust?

These seemingly valid concerns are quickly discredited when you start to really evaluate the situation.  The majority (probably 98%) of these ideas are exactly that, just ideas.  In other words, nothing!  You don’t have control over anything because you don’t own your idea.  Similarly, worrying about someone stealing it is almost like worrying about someone stealing your air in a public park.  Please, do not worry about something you have little control over.  Instead, focus on the all important next step: spreading your ideas to whomever will listen.

Spread Your Ideas

Very rarely does an individual possess the skills and knowledge required in developing an idea into a working prototype (whatever form that may be) all by him/herself.   So, the natural next step is to tell close friends or family members…you know, those trustworthy individuals in your life.  You may still be reluctant to “tell the world” and face possible criticism.  My advice here is to focus on the close individuals that “get it” and forget the rest.  In other words, don’t spend hours trying to explain to Mom and Dad how your web service will work.  That will only frustrate and tire you out.  Instead, associate with the innovative thinkers and those who will help build upon your ideas.  This breeds creative thinking and helps stimulate your mind, body, and soul (for all you spiritual entrepreneurs).

The social web has been described as a humongous cocktail party, where people are free to mingle, shake some hands, and make some small talk.  When I think of spreading ideas on the web, I like to think of myself sitting at a booth at that giant party with some close friends discussing a business idea.  Your table is going back and forth on certain business models and logistics, perhaps writing all of this down on the back of a napkin.  Wouldn’t it be wise to make a few copies of that doodle, jot down some contact info, and pass it along to some smart individuals that you have met?  Well, the answer is yes, and the ’social web’ has made doing just that easier than ever.

If you find yourself reading this and thinking: “Wait, Kevin, so what happens if they go home from the cocktail party and start to work on the idea without me?”  Well, this is my breakdown of the few possibilities that will occur after this “napkin exchange of business ideas” :

• They throw out the napkin (65%)

• They look at the napkin for a few moments, think about it for a few more, then throw out the napkin (20%)

• They contact you back, and you start a dialogue about your idea (12.5%)

• They pass the napkin along to a friend (1.5%)

• They lock up your napkin in their vault and start working on it alone (1.0%)

You’ll discover a few things to be true in this sort of situation:
1)People are usually not interested in your ideas, and do not want to steal it.
2)If you have caught their attention, odds are they will seek you out; it’s in their best interest to work alongside the original mind behind the project.
3)Your “one-of-a-kind” idea most likely already exists or is being worked on (this simply validates your napkin’s business model, so it’s not a terrible thing).
4)If someone does decide to steal it, however unlikely, this should not affect your passion for the project and should fuel your desire to outperform all ‘imitators’.   Karmically speaking, they are at a huge disadvantage, so remember that you have the upper-hand when it comes to those individuals.

Embrace the ‘Social Web’

Spreading your idea will be harder than you think.  You’ll quickly realize that your $1M-idea falls on deaf ears.  You will want to utilize as many online services and resources as possible.

• Utilize LinkedIn’s Groups; posting entries to individuals with similar interests.

• ParterUp allows you to post business ideas in hopes of meeting business partners.

• Twitter is Twitter (I’m a fan, can you tell?)

• Craigslist is not a bad place to post ads in search of talent.  Odds are you’ll be receiving countless automated emails from various web firms based in India.  But there is the chance that it falls into the right hands.

Speaking of Craigslist…blogger Adam Breindel posted an interesting article speaking about, oddly enough, one of my Craigslist ads.  He speaks about the benefits of being open, and how so few entrepreneurs actually act this way.  He advises these entrepreneurs to come out from behind their NDAs and to operate outside of a vacuum filled with secrecy.  Here is a bit from the article:

[The post] is absolute genius, and it’s so rare. Plus it shows the guts that most entrepreneurs fancy themselves to have, but lack when tested…I work with a lot of entrepreneurs and most of them think that they’re the first ones to think up some genius idea, and the best way to be successful is to either keep it stealthy and secret, or to sign reams of NDAs and non-competes with you before disclosing (cue music) their subtle and delicate brilliance.

Remain Transparent

Throughout your “napkin-passing” journey, it is critical to remain truthful and transparent.  I recommend you:

• Keep a Blog.   This adds depth to one’s character, and allows others to “read between the lines”

• Microblog.  Did I already mention I like Twitter?  A useful tool to jib-jab and pass out those “napkins”

• Post Comments.  Don’t just read blogs, but participate.  You never know who is listening.

• Have Atleast Four Points of Contact.  Strive for having four different points of contact/reference.  Between the numerous social networks and services, this should not be too difficult.

• Respond Truthfully.  Emails, blog posts, comments, etc. should be truthful and from the heart.

And don’t forget…next time you have the opportunity to share your idea…DO IT!

It is no secret that the shift from traditional media (newspapers, television, radio) to the online social scene (blogs, tweets, social networks) is upon us.  It is also no secret that the employers and employees of traditional media have been late to adopt the new media wave.  I personally cannot relate to these individuals, but I can sympathize with their plight.  I mean, really, who wants to hear that some “kid” in their basement is getting more attention than a news journalist who graduated with a degree in journalism and has over 15 years experience in the business?  That is certainly a hard pill to swallow.  Of course, as all of us know…it rarely is just some “kid” in a basement; instead it’s typically a 20-something year-old in an affordable apartment building who has been blogging passionately and truthfully about a particular subject for quite some time.  This is what large, traditional media corporations fail to understand.

The Silicon Alley Insider recently featured a post about Jeff Jarvis and his claim that “journalists are in fact responsible for the death of print.”  A very strong claim from Jarvis that was met with some understanding criticism amongst some traditional journalists.  Jarvis makes bold but accurate statements urging journalists to take responsibility for the fate of journalism.  Instead of merely gloating over the demise of print, he speaks at conferences, sits down with newspaper companies, and empowers the journalism community to innovate and make change.  Jarvis clearly understands that the future of news media is changing rapidly, and in an industry of slow-movers, he exemplifies someone who actually “gets it”.

Of course, the new wave of social media affects more than just newspapers and its journalists; it extends to, and challenges the television and radio platforms as well.  Gary Vaynerchuk posted a brilliant video (see below) reacting to radio superstar Howard Stern’s thoughts on social media.  Gary Vaynerchuk is another prime example of someone who simply “gets it”.  He has successfully utilized the power of social media to build a very strong personal brand, and encourages us all to do the same.  (FYI: I have yet to see a Gary Vaynerchuk video that I didn’t like and that wasn’t 100% honest and inspiring)

“Old school” traditional media professionals feel that social media has devalued the overall quality of news.  They want to believe that they are the only people qualified to deliver news and information to the masses.  What they fail to understand is that “kid” in his basement spends more time talking, writing, and reading about a specific blog topic more so than most “professional” journalists.  That “kid” did not develop a loyal following of readers by accident.

The barriers of entry are low, maybe even non-existent when it comes to social media.  Despite this fact, readers are more discerning than ever, and expect a lot more than they ever have before.  The new wave of social media has finally brought transparency to the world of information.  The large corporations who refuse to acknowledge this fact are in for a rude awakening.

“there is no reason in 2008, to do shit you hate…NONE!”

I found a great video on Fred Wilson’s blog of Gary Vaynerchuk speaking at the Web 2.0 Expo in NYC. He speaks about building brand equity and constantly hustling while doing it. He advises us to do what we love, saying, “there is no reason in 2008, to do shit you hate…NONE!” No truer words were spoken Gary. I am clapping it up, ‘cause that is the real shit.