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]

Blogging website Tumblr first launched ad products on May 29, 2012.[69] Rather than relying on simple banner ads, Tumblr requires advertisers to create a Tumblr blog so the content of those blogs can be featured on the site.[70] In one year, four native ad formats were created on web and mobile, and had more than 100 brands advertising on Tumblr with 500 cumulative sponsored posts.
Let’s say, for example, that you run a construction business that helps with home repairs after natural disasters and you want to advertise that service. The official term for the service is “fire restoration,” but keyword research may indicate that customers in your area search instead for “fire repair” or “repair fire damage to house.” By not optimizing for these two keywords, you’ll lose out on a lot of traffic and potential customers, even if “fire restoration” is technically more correct.

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 to develop their own market research on new products and services. By encouraging their customers to give feedback on new product ideas, businesses can gain valuable insights on whether a product may be accepted by their target market enough to merit full production, or not. In addition, customers will feel the company has engaged them in the process of co-creation—the process in which the business uses customer feedback to create or modify a product or service the filling a need of the target market. Such feedback can present in various forms, such as surveys, contests, polls, etc.
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.
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]
Search engine marketing (SEM) is a form of Internet marketing that involves the promotion of websites by increasing their visibility in search engine results pages (SERPs) primarily through paid advertising.[1] SEM may incorporate search engine optimization (SEO), which adjusts or rewrites website content and site architecture to achieve a higher ranking in search engine results pages to enhance pay per click (PPC) listings.[2]
However, while bidding $1,000 on every keyword and ranking #1 for every relevant search sounds nice in theory, most businesses have to play a balancing game between ranking higher and paying too much for clicks. After all, if it costs $17.56 to rank in position #1, but you can only afford to pay $5.00 per click, bidding $1,000 on a keyword to guarantee yourself the #1 position would be a great way to bid yourself out of business.
Popular social media such as Facebook, Twitter, LinkedIn, and other social networks can provide marketers with a hard number of how large their audience is nevertheless a large audience may not always translate into a large sales volumes. Therefore, an effective SMM cannot be measured by a large audience but rather by vigorous audience activity such as social shares, re-tweets etc.

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.[20] 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.[21]
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