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.
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.
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Many brands are now heavily using this mobile app to boost their marketing strategy. Instagram can be used to gain the necessary momentum needed to capture the attention of the market segment that has an interest in the product offering or services. As Instagram is supported by Apple and android system, it can be easily accessed by smartphone users. Moreover, it can be accessed by the Internet as well. Thus, the marketers see it as a potential platform to expand their brands exposure to the public, especially the younger target group. On top of this, marketers do not only use social media for traditional Internet advertising, but they also encourage users to create attention for a certain brand. This generally creates an opportunity for greater brand exposure. Furthermore, marketers are also using the platform to drive social shopping and inspire people to collect and share pictures of their favorite products. Many big names have already jumped on board: Starbucks, MTV, Nike, Marc Jacobs, and Red Bull are a few examples of multinationals that adopted the mobile photo app early. Fashion blogger Danielle Bernstein, who goes by @weworewhat on Instagram, collaborated with Harper's Bazaar to do a piece on how brands are using Instagram to market their products, and how bloggers make money from it. Bernstein, who currently has one and a half million followers on Instagram, and whose "outfit of the day" photos on Snapchat get tens of thousands of screenshots, explained that for a lot of her sponsored posts, she must feature the brand in a certain number of posts, and often cannot wear a competitor's product in the same picture. According to Harper's Bazaar, industry estimates say that brands are spending more than $1 billion per year on consumer-generated advertising. Founder of Instagram Kevin Systrom even went to Paris Fashion week, going to couture shows and meeting with designers to learn more about how style bloggers, editors, and designers are currently dominating much of the content on his application.
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).
In addition, social media platforms have become extremely aware of their users and collect information about their viewers to connect with them in various ways. Social-networking website Facebook Inc. is quietly working on a new advertising system that would let marketers target users with ads based on the massive amounts of information people reveal on the site about themselves. This may be an unethical or ethical feature to some individuals. Some people may react negatively because they believe it is an invasion of privacy. On the other hand, some individuals may enjoy this feature because their social network recognizes their interests and sends them particular advertisements pertaining to those interests. Consumers like to network with people who have interests and desires that are similar to their own. Individuals who agree to have their social media profile public, should be aware that advertisers have the ability to take information that interests them to be able to send them information and advertisements to boost their sales. Managers invest in social media to foster relationships and interact with customers. This is an ethical way for managers to send messages about their advertisements and products to their consumers.
Social media platforms like Yelp and FourSquare are great for brick and mortar businesses looking to implement marketing on social media. Register on these sites to claim your location spot, and then consider extra incentives such as check-in rewards or special discounts. Remember, these visitors will have their phones in hand, so they will be able to write and post reviews. A lot of good reviews can significantly help sway prospective visitors to come in and build your business!
To this end, companies make use of platforms such as Facebook, Twitter, YouTube, and Instagram to reach audiences much wider than through the use of traditional print/TV/radio advertisements alone at a fraction of the cost, as most social networking sites can be used at little or no cost (however, some websites charge companies for premium services). This has changed the ways that companies approach to interact with customers, as a substantial percentage of consumer interactions are now being carried out over online platforms with much higher visibility. Customers can now post reviews of products and services, rate customer service, and ask questions or voice concerns directly to companies through social media platforms. According to Measuring Success, over 80% of consumers use the web to research products and services. Thus social media marketing is also used by businesses in order to build relationships of trust with consumers. To this aim, companies may also hire personnel to specifically handle these social media interactions, who usually report under the title of Online community managers. Handling these interactions in a satisfactory manner can result in an increase of consumer trust. To both this aim and to fix the public's perception of a company, 3 steps are taken in order to address consumer concerns, identifying the extent of the social chatter, engaging the influencers to help, and developing a proportional response.
Search engines reward you when sites link to yours – they assume that your site must be valuable and you’ll rank higher in search results. And the higher the “rank” of the sites that link to you, the more they count in your own ranking. You want links from popular industry authorities, recognized directories, and reputable companies and organizations.
Facebook pages are far more detailed than Twitter accounts. They allow a product to provide videos, photos, longer descriptions, and testimonials where followers can comment on the product pages for others to see. Facebook can link back to the product's Twitter page, as well as send out event reminders. As of May 2015, 93% of businesses marketers use Facebook to promote their brand. A study from 2011 attributed 84% of "engagement" or clicks and likes that link back to Facebook advertising. By 2014, Facebook had restricted the content published from business and brand pages. Adjustments in Facebook algorithms have reduced the audience for non-paying business pages (that have at least 500,000 "Likes") from 16% in 2012 down to 2% in February 2014. 
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.
As the number of sites on the Web increased in the mid-to-late 1990s, search engines started appearing to help people find information quickly. Search engines developed business models to finance their services, such as pay per click programs offered by Open Text in 1996 and then Goto.com in 1998. Goto.com later changed its name to Overture in 2001, was purchased by Yahoo! in 2003, and now offers paid search opportunities for advertisers through Yahoo! Search Marketing. Google also began to offer advertisements on search results pages in 2000 through the Google AdWords program. By 2007, pay-per-click programs proved to be primary moneymakers for search engines. In a market dominated by Google, in 2009 Yahoo! and Microsoft announced the intention to forge an alliance. The Yahoo! & Microsoft Search Alliance eventually received approval from regulators in the US and Europe in February 2010.
In May 2014, Instagram had over 200 million users. The user engagement rate of Instagram was 15 times higher than of Facebook and 25 times higher than that of Twitter. According to Scott Galloway, the founder of L2 and a professor of marketing at New York University's Stern School of Business, latest studies estimate that 93% of prestige brands have an active presence on Instagram and include it in their marketing mix. When it comes to brands and businesses, Instagram's goal is to help companies to reach their respective audiences through captivating imagery in a rich, visual environment. Moreover, Instagram provides a platform where user and company can communicate publicly and directly, making itself an ideal platform for companies to connect with their current and potential customers.
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