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.[27] Though the policy has been changed this continues to be a source of heated debate.[28]

SEO techniques can be classified into two broad categories: techniques that search engine companies recommend as part of good design ("white hat"), and those techniques of which search engines do not approve ("black hat"). The search engines attempt to minimize the effect of the latter, among them spamdexing. Industry commentators have classified these methods, and the practitioners who employ them, as either white hat SEO, or black hat SEO.[48] White hats tend to produce results that last a long time, whereas black hats anticipate that their sites may eventually be banned either temporarily or permanently once the search engines discover what they are doing.[49]
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