In 2013, the Tenth Circuit Court of Appeals held in Lens.com, Inc. v. 1-800 Contacts, Inc. that online contact lens seller Lens.com did not commit trademark infringement when it purchased search advertisements using competitor 1-800 Contacts' federally registered 1800 CONTACTS trademark as a keyword. In August 2016, the Federal Trade Commission filed an administrative complaint against 1-800 Contacts alleging, among other things, that its trademark enforcement practices in the search engine marketing space have unreasonably restrained competition in violation of the FTC Act. 1-800 Contacts has denied all wrongdoing and is scheduled to appear before an FTC administrative law judge in April 2017.[29]
Another ethical controversy associated with search marketing has been the issue of trademark infringement. The debate as to whether third parties should have the right to bid on their competitors' brand names has been underway for years. In 2009 Google changed their policy, which formerly prohibited these tactics, allowing 3rd parties to bid on branded terms as long as their landing page in fact provides information on the trademarked term.[27] Though the policy has been changed this continues to be a source of heated debate.[28]

Twitter allows companies to promote their products in short messages known as tweets limited to 140 characters which appear on followers' Home timelines.[33] Tweets can contain text, Hashtag, photo, video, Animated GIF, Emoji, or links to the product's website and other social media profiles, etc.[34] Twitter is also used by companies to provide customer service.[35] Some companies make support available 24/7 and answer promptly, thus improving brand loyalty and appreciation.
Unplanned content is an 'in the moment' idea, "a spontaneous, tactical reaction." (Cramer, 2014, p. 6). The content could be trending and not have the time to take the planned content route. The unplanned content is posted sporadically and is not calendar/date/time arranged (Deshpande, 2014).[88][89] Issues with unplanned content revolve around legal issues and whether the message being sent out represents the business/brand accordingly. If a company sends out a Tweet or Facebook message too hurriedly, the company may unintentionally use insensitive language or messaging that could alienate some consumers. For example, celebrity chef Paula Deen was criticized after she made a social media post commenting about HIV-AIDS and South Africa; her message was deemed to be offensive by many observers. The main difference between planned and unplanned is the time to approve the content. Unplanned content must still be approved by marketing managers, but in a much more rapid manner e.g. 1–2 hours or less. Sectors may miss errors because of being hurried. When using unplanned content Brito (2013) says, "be prepared to be reactive and respond to issues when they arise."[87] Brito (2013) writes about having a, "crisis escalation plan", because, "It will happen". The plan involves breaking down the issue into topics and classifying the issue into groups. Colour coding the potential risk "identify and flag potential risks" also helps to organise an issue. The problem can then be handled by the correct team and dissolved more effectively rather than any person at hand trying to solve the situation.[87]
Small businesses also use social networking sites as a promotional technique. Businesses can follow individuals social networking site uses in the local area and advertise specials and deals. These can be exclusive and in the form of "get a free drink with a copy of this tweet". This type of message encourages other locals to follow the business on the sites in order to obtain the promotional deal. In the process, the business is getting seen and promoting itself (brand visibility).
More than three billion people in the world are active on the Internet. Over the years, the Internet has continually gained more and more users, jumping from 738 million in 2000 all the way to 3.2 billion in 2015.[9] Roughly 81% of the current population in the United States has some type of social media profile that they engage with frequently.[10] Mobile phone usage is beneficial for social media marketing because of their web browsing capabilities which allow individuals immediate access to social networking sites. Mobile phones have altered the path-to-purchase process by allowing consumers to easily obtain pricing and product information in real time[11]. They have also allowed companies to constantly remind and update their followers. Many companies are now putting QR (Quick Response) codes along with products for individuals to access the company website or online services with their smart phones. Retailers use QR codes to facilitate consumer interaction with brands by linking the code to brand websites, promotions, product information, and any other mobile-enabled content. In addition, Real-time bidding use in the mobile advertising industry is high and rising due to its value for on-the-go web browsing. In 2012, Nexage, a provider of real time bidding in mobile advertising reported a 37% increase in revenue each month. Adfonic, another mobile advertisement publishing platform, reported an increase of 22 billion ad requests that same year.[12]
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