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.
Website saturation and popularity, or how much presence a website has on search engines, can be analyzed through the number of pages of the site that are indexed by search engines (saturation) and how many backlinks the site has (popularity). It requires pages to contain keywords people are looking for and ensure that they rank high enough in search engine rankings. Most search engines include some form of link popularity in their ranking algorithms. The following are major tools measuring various aspects of saturation and link popularity: Link Popularity, Top 10 Google Analysis, and Marketleap's Link Popularity and Search Engine Saturation.
The platform of social media is another channel or site that business' and brands must seek to influence the content of. In contrast with pre-Internet marketing, such as TV ads and newspaper ads, in which the marketer controlled all aspects of the ad, with social media, users are free to post comments right below an online ad or an online post by a company about its product. Companies are increasing using their social media strategy as part of their traditional marketing effort using magazines, newspapers, radio advertisements, television advertisements. Since in the 2010s, media consumers are often using multiple platforms at the same time (e.g., surfing the Internet on a tablet while watching a streaming TV show), marketing content needs to be consistent across all platforms, whether traditional or new media. Heath (2006) wrote about the extent of attention businesses should give to their social media sites. It is about finding a balance between frequently posting but not over posting. There is a lot more attention to be paid towards social media sites because people need updates to gain brand recognition. Therefore, a lot more content is need and this can often be unplanned content.
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. Though the policy has been changed this continues to be a source of heated debate.
Social media marketing is a powerful way for businesses of all sizes to reach prospects and customers. Your customers are already interacting with brands through social media, and if you're not speaking directly to your audience through social platforms like Facebook, Twitter, Instagram, and Pinterest, you're missing out! Great marketing on social media can bring remarkable success to your business, creating devoted brand advocates and even driving leads and sales.
In 2012 during Hurricane Sandy, Gap sent out a tweet to its followers telling them to stay safe but encouraged them to shop online and offered free shipping. The tweet was deemed insensitive, and Gap eventually took it down and apologized. Numerous additional online marketing mishap examples exist. Examples include a YouTube video of a Domino's Pizza employee violating health code standards, which went viral on the Internet and later resulted in felony charges against two employees. A Twitter hashtag posted by McDonald's in 2012 attracting attention due to numerous complaints and negative events customers experienced at the chain store; and a 2011 tweet posted by a Chrysler Group employee that no one in Detroit knows how to drive. When the Link REIT opened a Facebook page to recommend old-style restaurants, the page was flooded by furious comments criticizing the REIT for having forced a lot of restaurants and stores to shut down; it had to terminate its campaign early amid further deterioration of its corporate image.
Social networks are, in many cases, viewed as a great tool for avoiding costly market research. They are known for providing a short, fast, and direct way to reach an audience through a person who is widely known. For example, an athlete who gets endorsed by a sporting goods company also brings their support base of millions of people who are interested in what they do or how they play and now they want to be a part of this athlete through their endorsements with that particular company. At one point consumers would visit stores to view their products with famous athletes, but now you can view a famous athlete's, such as Cristiano Ronaldo, latest apparel online with the click of a button. He advertises them to you directly through his Twitter, Instagram, and FaceBook accounts.