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.
Engagement with the social web means that customers and stakeholders are active participants rather than passive viewers. An example of these are consumer advocacy groups and groups that criticize companies (e.g., lobby groups or advocacy organizations). Social media use in a business or political context allows all consumers/citizens to express and share an opinion about a company's products, services, business practices, or a government's actions. Each participating customer, non-customer, or citizen who is participating online via social media becomes a part of the marketing department (or a challenge to the marketing effort). Whereas as other customers read their positive or negative comments or reviews. Getting consumers, potential consumers or citizens to be engaged online is fundamental to successful social media marketing. With the advent of social media marketing, it has become increasingly important to gain customer interest in products and services. This can eventually be translated into buying behavior, or voting and donating behavior in a political context. New online marketing concepts of engagement and loyalty have emerged which aim to build customer participation and brand reputation.
Disney/Pixar's Monsters University: Created a Tumblr account, MUGrumblr, saying that the account is maintained by a 'Monstropolis transplant' and 'self-diagnosed coffee addict' who is currently a sophomore at Monsters University. A "student" from Monsters University uploaded memes, animated GIFs, and Instagram-like photos that are related to the sequel movie.
This involves tracking the volume of visits, leads, and customers to a website from the individual social channel. Google Analytics is a free tool that shows the behavior and other information, such as demographics and device type used, of website visitors from social networks. This and other commercial offers can aid marketers in choosing the most effective social networks and social media marketing activities.
Websites such as Delicious, Digg, Slashdot, Diigo, Stumbleupon, and Reddit are popular social bookmarking sites used in social media promotion. Each of these sites is dedicated to the collection, curation, and organization of links to other websites that users deem to be of good quality. This process is "crowdsourced", allowing amateur social media network members to sort and prioritize links by relevance and general category. Due to the large user bases of these websites, any link from one of them to another, the smaller website may in a flash crowd, a sudden surge of interest in the target website. In addition to user-generated promotion, these sites also offer advertisements within individual user communities and categories. Because ads can be placed in designated communities with a very specific target audience and demographic, they have far greater potential for traffic generation than ads selected simply through cookie and browser history. Additionally, some of these websites have also implemented measures to make ads more relevant to users by allowing users to vote on which ones will be shown on pages they frequent. The ability to redirect large volumes of web traffic and target specific, relevant audiences makes social bookmarking sites a valuable asset for social media marketers.
Several customers are turning towards social media to express their appreciation or frustration with brands, product or services. Therefore, marketers can measure the frequency of which customers are discussing their brand and judge how effective their SMM strategies are. In recent studies, 72% of people surveyed expressed that they expected a response to their complaints on Twitter within an hour.
1. Increased Brand Recognition. Every opportunity you have to syndicate your content and increase your visibility is valuable. Your social media networks are just new channels for your brand’s voice and content. This is important because it simultaneously makes you easier and more accessible for new customers, and makes you more familiar and recognizable for existing customers. For example, a frequent Twitter user could hear about your company for the first time only after stumbling upon it in a newsfeed. Or, an otherwise apathetic customer might become better acquainted with your brand after seeing your presence on multiple networks.
3. More Opportunities to Convert. Every post you make on a social media platform is an opportunity for customers to convert. When you build a following, you’ll simultaneously have access to new customers, recent customers, and old customers, and you’ll be able to interact with all of them. Every blog post, image, video, or comment you share is a chance for someone to react, and every reaction could lead to a site visit, and eventually a conversion. Not every interaction with your brand results in a conversion, but every positive interaction increases the likelihood of an eventual conversion. Even if your click-through rates are low, the sheer number of opportunities you have on social media is significant. And as I pointed out in my article, “The Four Elements of Any Action, And How To Use Them In Your Online Marketing Initiative,” “opportunity” is the first element of any action.
Engagement in social media for the purpose of a social media strategy is divided into two parts. The first is proactive, regular posting of new online content. This can be seen through digital photos, digital videos, text, and conversations. It is also represented through sharing of content and information from others via weblinks. The second part is reactive conversations with social media users responding to those who reach out to your social media profiles through commenting or messaging. Traditional media such as TV news shows are limited to one-way interaction with customers or 'push and tell' where only specific information is given to the customer with few or limited mechanisms to obtain customer feedback. Traditional media such as physical newspapers, do give readers the option of sending a letter to the editor. Though, this is a relatively slow process, as the editorial board has to review the letter and decide if it is appropriate for publication. On the other hand, social media is participative and open; Participants are able to instantly share their views on brands, products, and services. Traditional media gave control of message to the marketer, whereas social media shifts the balance to the consumer or citizen.