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.
Apple's iPhone 5c: Created a Tumblr page, labeling it "Every color has a story" with the website name: "ISee5c". As soon as you visit the website, the page is covered with different colors representing the iPhone 5c phone colors and case colors. When you click on one of the colored section, a 15-second video plays a song and "showcases the dots featured on the rear of the iPhone 5c official cases and on the iOS 7 dynamic wallpapers...", concluding with words that are related to the video's theme.
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.
The Internet and social networking leaks are one of the issues facing traditional advertising. Video and print ads are often leaked to the world via the Internet earlier than they are scheduled to premiere. Social networking sites allow those leaks to go viral, and be seen by many users more quickly. The time difference is also a problem facing traditional advertisers. When social events occur and are broadcast on television, there is often a time delay between airings on the east coast and west coast of the United States. Social networking sites have become a hub of comment and interaction concerning the event. This allows individuals watching the event on the west coast (time-delayed) to know the outcome before it airs. The 2011 Grammy Awards highlighted this problem. Viewers on the west coast learned who won different awards based on comments made on social networking sites by individuals watching live on the east coast. Since viewers knew who won already, many tuned out and ratings were lower. All the advertisement and promotion put into the event was lost because viewers didn't have a reason to watch.[according to whom?]
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. 
Blogging website Tumblr first launched ad products on May 29, 2012. 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. 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.
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.
YouTube is the number one place for creating and sharing video content, and it can also be an incredibly powerful social media marketing tool. Many businesses try to create video content with the aim of having their video “go viral,” but in reality those chances are pretty slim. Instead, focus on creating useful, instructive “how-to” videos. These how-to videos also have the added benefit of ranking on the video search results of Google, so don't under-estimate the power of video content!
Digital marketing poses special challenges for its purveyors. Digital channels are proliferating rapidly, and digital marketers have to keep up with how these channels work, how they're used by receivers and how to use these channels to effectively market things. In addition, it's becoming more difficult to capture receivers' attention, because receivers are increasingly inundated with competing ads. Digital marketers also find it challenging to analyze the vast troves of data they capture and then exploit this information in new marketing efforts.