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.
The code of ethics that is affiliated with traditional marketing can also be applied to social media. However, with social media being so personal and international, there is another list of complications and challenges that come along with being ethical online. With the invention of social media, the marketer no longer has to focus solely on the basic demographics and psychographics given from television and magazines, but now they can see what consumers like to hear from advertisers, how they engage online, and what their needs and wants are. The general concept of being ethical while marking on social network sites is to be honest with the intentions of the campaign, avoid false advertising, be aware of user privacy conditions (which means not using consumers' private information for gain), respect the dignity of persons in the shared online community, and claim responsibility for any mistakes or mishaps that are results of your marketing campaign. Most social network marketers use websites like Facebook and MySpace to try to drive traffic to another website. While it is ethical to use social networking websites to spread a message to people who are genuinely interested, many people game the system with auto-friend adding programs and spam messages and bulletins. Social networking websites are becoming wise to these practices, however, and are effectively weeding out and banning offenders.
Paid inclusion is a search engine marketing method in itself, but also a tool of search engine optimization, since experts and firms can test out different approaches to improving ranking and see the results often within a couple of days, instead of waiting weeks or months. Knowledge gained this way can be used to optimize other web pages, without paying the search engine company.
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.
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.
Another part of SEM is social media marketing (SMM). SMM is a type of marketing that involves exploiting social media to influence consumers that one company’s products and/or services are valuable. Some of the latest theoretical advances include search engine marketing management (SEMM). SEMM relates to activities including SEO but focuses on return on investment (ROI) management instead of relevant traffic building (as is the case of mainstream SEO). SEMM also integrates organic SEO, trying to achieve top ranking without using paid means to achieve it, and pay per click SEO. For example, some of the attention is placed on the web page layout design and how content and information is displayed to the website visitor. SEO & SEM are two pillars of one marketing job and they both run side by side to produce much better results than focusing on only one pillar.
In March 2006, KinderStart filed a lawsuit against Google over search engine rankings. KinderStart's website was removed from Google's index prior to the lawsuit, and the amount of traffic to the site dropped by 70%. On March 16, 2007, the United States District Court for the Northern District of California (San Jose Division) dismissed KinderStart's complaint without leave to amend, and partially granted Google's motion for Rule 11 sanctions against KinderStart's attorney, requiring him to pay part of Google's legal expenses.
Let’s say, for example, that you run a construction business that helps with home repairs after natural disasters and you want to advertise that service. The official term for the service is “fire restoration,” but keyword research may indicate that customers in your area search instead for “fire repair” or “repair fire damage to house.” By not optimizing for these two keywords, you’ll lose out on a lot of traffic and potential customers, even if “fire restoration” is technically more correct.
Yelp consists of a comprehensive online index of business profiles. Businesses are searchable by location, similar to Yellow Pages. The website is operational in seven different countries, including the United States and Canada. Business account holders are allowed to create, share, and edit business profiles. They may post information such as the business location, contact information, pictures, and service information. The website further allows individuals to write, post reviews about businesses, and rate them on a five-point scale. Messaging and talk features are further made available for general members of the website, serving to guide thoughts and opinions.
Social media often feeds into the discovery of new content such as news stories, and “discovery” is a search activity. Social media can also help build links that in turn support into SEO efforts. Many people also perform searches at social media sites to find social media content. Social connections may also impact the relevancy of some search results, either within a social media network or at a ‘mainstream’ search engine.
Mobile devices have become increasingly popular, where 5.7 billion people are using them worldwide . 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.
By 2004, search engines had incorporated a wide range of undisclosed factors in their ranking algorithms to reduce the impact of link manipulation. In June 2007, The New York Times' Saul Hansell stated Google ranks sites using more than 200 different signals. The leading search engines, Google, Bing, and Yahoo, do not disclose the algorithms they use to rank pages. Some SEO practitioners have studied different approaches to search engine optimization, and have shared their personal opinions. Patents related to search engines can provide information to better understand search engines. In 2005, Google began personalizing search results for each user. Depending on their history of previous searches, Google crafted results for logged in users.