The failure of businesses in Mexico and throughout the world to register their corporate names and all relevant variations of those names as usernames on the Twitter micoblogging platform poses a material risk to their advertising, marketing and public relations strategies.

It is rapidly becoming clear that Twitter must form an essential element of every company’s public relations program.   As of December 31, 2008, Twitter had approximately 4-5 million users, representing a 600% increase over 2007.  Growth is expected to continue.

Although companies such as Accenture (@accenture), Starbucks Coffee (@starbucks), JetBlue(@JetBlue) and various others are regularly using Twitter to disseminate product news and disabuse the marketplace of false information, most major companies have failed to register their business names as Twitter usernames.  Companies might soon realize that they are competitors in a global race for Twitter usernames.

A company’s failure to register its business names as Twitter usernames may expose the company to potential disputes with twittersquatters, who intentionally register the company’s names as Twitter usernames with the intent of profiting or causing confusion.  Although the company, if it is the owner of the trademark rights in its business names, may be permitted to file a lawsuit against the twittersquatter, resolution of the dispute could be expensive and time consuming.  In some cases, the twittersquatter may be resident of a jurisdiction that makes it impractical or impossible to pursue any legal remedies. 

Another possibility is that the person registering the company’s business names as Twitter usernames is not a squatter at all, but rather someone with the lawful right to use the Twitter username because the person is engaged in business unrelated to the business of the company seeking to register the username.  In these situations, the first person to register the name on Twitter may have the right to use the name. 

Last, but not least, there is the possibility that the person registering the company’s business names as Twitter usernames may be using Twitter as a gripe site that may be protected (at least in the U.S.) as free speech under the First Amendment of the Constitution.

It would be an unfortunate oversight for any company or its advertising, marketing or public relations firm to fail to register the company’s business names as Twitter usernames and miss the wonderful opportunities Twitter provides to connect with consumers. 

Once a company registers a Twitter username, it should actively use the name; otherwise, Twitter may delete the username for inactivity in accordance with The Twitter Rules. 

In the words of Twitter, “What are you doing?”

The digital advertising sector in Mexico expanded 96% in 2008 to represent 2% of total advertising investment in Mexico, according to Interactive Advertising Bureau and the Mexican Association of Advertising Agencies, as reported by Sentido Comun.