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]
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.

Planned content begins with the creative/marketing team generating their ideas, once they have completed their ideas they send them off for approval. There is two general ways of doing so. The first is where each sector approves the plan one after another, editor, brand, followed by the legal team (Brito, 2013). Sectors may differ depending on the size and philosophy of the business. The second is where each sector is given 24 hours (or such designated time) to sign off or disapprove. If no action is given within the 24-hour period the original plan is implemented. Planned content is often noticeable to customers and is un-original or lacks excitement but is also a safer option to avoid unnecessary backlash from the public.[87] Both routes for planned content are time consuming as in the above; the first way to approval takes 72 hours to be approved. Although the second route can be significantly shorter it also holds more risk particularly in the legal department.


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]
These posts can be one or more of the following: images, photo sets, animated GIFs, video, audio, and text posts. For the users to differentiate the promoted posts to the regular users' posts, the promoted posts have a dollar symbol on the corner. On May 6, 2014, Tumblr announced customization and theming on mobile apps for brands to advertise.[72]

While traditional media, like newspapers and television advertising, are largely overshadowed by the rise of social media marketing, there is still a place for traditional marketing. For example, with newspapers, readership over the years has shown a decline. However, readership with newspapers is still fiercely loyal to print-only media. 51% of newspaper readers only read the newspaper in its print form,[91] making well-placed ads valuable.

With the development of this system, the price is growing under the high level of competition. Many advertisers prefer to expand their activities, including increasing search engines and adding more keywords. The more advertisers are willing to pay for clicks, the higher the ranking for advertising, which leads to higher traffic.[15] PPC comes at a cost. The higher position is likely to cost $5 for a given keyword, and $4.50 for a third location. A third advertiser earns 10% less than the top advertiser, while reducing traffic by 50%.[15] The investors must consider their return on investment and then determine whether the increase in traffic is worth the increase.
Mobile devices have become increasingly popular, where 5.7 billion people are using them worldwide [13]. This has played a role in the way consumers interact with media and has many further implications for TV ratings, advertising, mobile commerce, and more. Mobile media consumption such as mobile audio streaming or mobile video are on the rise – In the United States, more than 100 million users are projected to access online video content via mobile device. Mobile video revenue consists of pay-per-view downloads, advertising and subscriptions. As of 2013, worldwide mobile phone Internet user penetration was 73.4%. In 2017, figures suggest that more than 90% of Internet users will access online content through their phones.[14]
×