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.
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. 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.
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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.
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.
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).
WhatsApp was founded by Jan Koum and Brian Acton.WhatsApp joined Facebook in 2014, but continues to operate as a separate app with a laser focus on building a messaging service that works fast and reliably anywhere in the world.WhatsApp started as an alternative to SMS. Whatsapp now supports sending and receiving a variety of media including text, photos, videos, documents, and location, as well as voice calls. Whatsapp messages and calls are secured with end-to-end encryption, meaning that no third party including WhatsApp can read or listen to them. Whatsapp has a customer base of 1 billion people in over 180 countries. It is used to send personalised promotional messages to individual customers. It has plenty of advantages over SMS that includes ability to track how Message Broadcast Performs using blue tick option in Whatsapp. It allows sending messages to Do Not Disturb(DND) customers. Whatsapp is also used to send a series of bulk messages to their targeted customers using broadcast option. Companies started using this to a large extent because it is a cost effective promotional option and quick to spread a message. Still, Whatsapp doesn't allow businesses to place ads in their app.
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. Roughly 81% of the current population in the United States has some type of social media profile that they engage with frequently. 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. 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.