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]

Website owners recognized the value of a high ranking and visibility in search engine results,[6] creating an opportunity for both white hat and black hat SEO practitioners. According to industry analyst Danny Sullivan, the phrase "search engine optimization" probably came into use in 1997. Sullivan credits Bruce Clay as one of the first people to popularize the term.[7] On May 2, 2007,[8] Jason Gambert attempted to trademark the term SEO by convincing the Trademark Office in Arizona[9] that SEO is a "process" involving manipulation of keywords and not a "marketing service."


Social media marketing is a powerful way for businesses of all sizes to reach prospects and customers. Your customers are already interacting with brands through social media, and if you're not speaking directly to your audience through social platforms like Facebook, Twitter, Instagram, and Pinterest, you're missing out! Great marketing on social media can bring remarkable success to your business, creating devoted brand advocates and even driving leads and sales.
Social media marketing provides organizations with a way to connect with their customers. However, organizations must protect their information as well as closely watch comments and concerns on the social media they use. A flash poll done on 1225 IT executives from 33 countries revealed that social media mishaps caused organizations a combined $4.3 million in damages in 2010.[93] The top three social media incidents an organization faced during the previous year included employees sharing too much information in public forums, loss or exposure of confidential information, and increased exposure to litigation.[93] Due to the viral nature of the Internet, a mistake by a single employee has in some cases shown to result in devastating consequences for organizations. An example of a social media mishap includes designer Kenneth Cole's Twitter mishap in 2011. When Kenneth Cole tweeted, "Millions are in uproar in #Cairo. Rumor has they heard our new spring collection is now available online at [Kenneth Cole's website]".[94] This reference to the 2011 Egyptian revolution drew an objection from the public; it was widely objected to on the Internet.[94] Kenneth Cole realized his mistake shortly after and responded with a statement apologizing for the tweet.[95]

Social media marketing is the use of social media platforms and websites to promote a product or service.[1] Although the terms e-marketing and digital marketing are still dominant in academia, social media marketing is becoming more popular for both practitioners and researchers.[2] Most social media platforms have built-in data analytics tools, which enable companies to track the progress, success, and engagement of ad campaigns. Companies address a range of stakeholders through social media marketing, including current and potential customers, current and potential employees, journalists, bloggers, and the general public. On a strategic level, social media marketing includes the management of a marketing campaign, governance, setting the scope (e.g. more active or passive use) and the establishment of a firm's desired social media "culture" and "tone."
Marketers target influential people on social media who are recognised as being opinion leaders and opinion-formers to send messages to their target audiences and amplify the impact of their message. A social media post by an opinion leader can have a much greater impact (via the forwarding of the post or "liking" of the post) than a social media post by a regular user. Marketers have come to the understanding that "consumers are more prone to believe in other individuals" who they trust (Sepp, Liljander, & Gummerus, 2011). OL's and OF's can also send their own messages about products and services they choose (Fill, Hughes, & De Francesco, 2013, p. 216). The reason the opinion leader or formers have such a strong following base is because their opinion is valued or trusted (Clement, Proppe, & Rott, 2007). They can review products and services for their followings, which can be positive or negative towards the brand. OL's and OF's are people who have a social status and because of their personality, beliefs, values etc. have the potential to influence other people (Kotler, Burton, Deans, Brown, & Armstrong, 2013, p. 189). They usually have a large number of followers otherwise known as their reference, membership or aspirational group (Kotler, Burton, Deans, Brown, & Armstrong, 2013, p. 189. By having an OL or OF support a brands product by posting a photo, video or written recommendation on a blog, the following may be influenced and because they trust the OL/OF a high chance of the brand selling more products or creating a following base. Having an OL/OF helps spread word of mouth talk amongst reference groups and/or memberships groups e.g. family, friends, work-friends etc. (Kotler, Burton, Deans, Brown, & Armstrong, 2013, p. 189).[81][82][83][84][84][84] The adjusted communication model shows the use of using opinion leaders and opinion formers. The sender/source gives the message to many, many OL's/OF's who pass the message on along with their personal opinion, the receiver (followers/groups) form their own opinion and send their personal message to their group (friends, family etc.) (Dahlen, Lange, & Smith, 2010, p. 39).[85]
Several customers are turning towards social media to express their appreciation or frustration with brands, product or services. Therefore, marketers can measure the frequency of which customers are discussing their brand and judge how effective their SMM strategies are. In recent studies, 72% of people surveyed expressed that they expected a response to their complaints on Twitter within an hour.[111]
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.

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.[54] 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.[55] 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.[56] 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.[57]
Optimization techniques are highly tuned to the dominant search engines in the target market. The search engines' market shares vary from market to market, as does competition. In 2003, Danny Sullivan stated that Google represented about 75% of all searches.[64] In markets outside the United States, Google's share is often larger, and Google remains the dominant search engine worldwide as of 2007.[65] As of 2006, Google had an 85–90% market share in Germany.[66] While there were hundreds of SEO firms in the US at that time, there were only about five in Germany.[66] As of June 2008, the market share of Google in the UK was close to 90% according to Hitwise.[67] That market share is achieved in a number of countries. https://www.pinterest.com/LibertyMarketing/
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