Zynga has apparently told the makers of the dating website CupidWithFriends that they need to change the site’s name, because it allegedly infringes on Zynga’s trademarks.

CupidWithFriends was built by the startup Apartment 7 (which also released the dating apps Flock and Wednesday Night). The site launched a couple of months ago, allowing users to build and edit dating profiles for their friends.

Apartment 7 co-founder Jared Tame just forwarded me a copy of the letter from Zynga’s lawyers. I’ve pasted the full letter at the end of this post, but the gist is that users are likely to think that CupidWithFriends is associated in some way with Zynga (which acquired the developer of the With Friends mobile gaming franchise, a franchise that recently expanded with the launch of Running With Friends). So the social gaming company is demanding that CupidWithFriends change its name by May 24.

Tame said he has “no plans to change the name of the product,” adding,”At the end of the day, we’re busy trying to innovate in the dating space and dealing with Zynga would be a major distraction to us. I think they should be more focused on innovating rather than targeting month-old startups like us.”

I emailed Zynga for confirmation and details, but a spokesperson declined to comment. When I ran a search on the US Patent and Trademark Office’s website (direct links to specific filings don’t seem to be working for me), I did find a trademark filing for “With Friends” in relation to computer game software and entertainment services.

Tame isn’t the only one building an app named using a “with friends” name. There’s also Bang With Friends (which has other problems, as it was recently booted from the Apple App Store) — I asked the company whether it has received a similar letter from Zynga, but it declined to comment.

Here’s the full letter to CupidWithFriends:

Dear Sir or Madam:

We serve as intellectual property counsel to Zynga Inc. (“Zynga”). Among other things, Zynga publishes and owns intellectual property rights in the ‘WITH FRIENDS™ family of social games, which includes Words With Friends®, Chess With Friends®, Scramble With Friends®, Hanging With Friends™, Matching With Friends™, Gems With Friends™ and Games With Friends®, as well as other ‘WITH FRIENDS games in various stages of development (collectively the ‘WITH FRIENDS Family of Trademarks). Each of Zynga’s games using the ‘WITH FRIENDS Family of Trademarks is published and played by millions of users on various social networking portals, including Facebook, Android and iPhone.

Zynga has consistently used and promoted the ‘WITH FRIENDS Family of Trademarks together as a family and, as a result of Zynga’s extensive marketing efforts and commercial success, the ‘WITH FRIENDS Family of Trademarks is strongly identified by consumers with Zynga’s reputation for quality.

It has come to our attention that CupidWithFriends has developed and launched an application called “Cupid With Friends”. CupidWithFriends’ use of the name “Cupid With Friends” for an online application is confusingly similar to the ‘WITH FRIENDS Family of Trademarks owned by Zynga, and users are likely to believe, erroneously, that CupidWithFriends’ application is published, sponsored, endorsed by or associated with Zynga. CupidWithFriends’ use of “Cupid With Friends” also dilutes the distinctiveness of Zynga’s famous ‘WITH FRIENDS Family of Trademarks.

Zynga has invested substantial time and resources in developing and promoting the ‘WITH FRIENDS Family of Trademarks, and it vigorously protects its rights in its marks, both collectively and individually. Zynga hereby demands that CupidWithFriends immediately cease use of the name “Cupid With Friends” in connection with its online application, and refrain from further exploitation of the goodwill that Zynga has developed in its ‘WITH FRIENDS Family of Trademarks.

We anticipate that you will accede to this demand, and ask that CupidWithFriends confirm by Friday, May 24, 2013 that it has ceased use of the name “Cupid With Friends” in connection with its online application. Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Zynga, all of which are expressly reserved.
Very truly yours,
/s/

Dennis L. Wilson
Kilpatrick Townsend & Stockton LLP

Article courtesy of TechCrunch

Uh oh.

Less than ten days after Bang With Friends made its mobile debut on the iOS App Store, Apple has changed its mind and given it the boot.

As I noted in our first post about Bang With Friends going mobile, I was actually a bit surprised to -see Apple green light this one to begin with. The guys behind the app tried to chaste things up a bit for Apple, changing the name for the iOS version of their app to the slightly more inconspicuous “BWF” (The Android app, meanwhile, was still “Bang With Friends”. Google don’t give no damns.)

Alas, it seems that wasn’t enough for an extended stay. Apple has allegedly pulled the app without notice or explanation, with requests for the app in iTunes being met with the error below:

So what happened here? Did someone higher up at Apple get word of the app and decide to drop the ban hammer? Or could it be… something else? Note, for example, that Zynga just went after dating site CupidWithFriends for using their “With Friends” trademark, requesting that the name be changed. We’re looking into what happened.

So is the Bang With Friends team, it would seem; a page put up by the team says they’re “working with Apple to get BWF back in the App Store shortly”.

Article courtesy of TechCrunch

$FB is still stuck at $26.25, way down from its $38 IPO price, but it’s made important progress since going public a year ago. Daily users up 26%, mobile monthly users up 56%, and revenue up 38% are some highlights. It’s running out of people to sign up in the developed world, but with this growth and no serious competitor in sight, it’s survived its hardest year yet.

• Likes – 4.5 Billion – Up 67% – Average number of likes generated as of May 2013, up from 2.7 billion likes generated daily in August 2012
• Content Items Shared – 4.75 Billion – Up 94% – Average number of content items shared daily as of May 2013, up from 2.45 content items shared daily in August 2012

[Stats and images provided by Facebook]

Likes and sharing are growing faster than Facebook’s user count, indicating strong engagement. This contradicts rumors that people are tuning out of Facebook. Zuckerberg’s Law, the CEO’s Moore’s Law-style theory, states that people will share twice as much every year. Facebook almost made good on Mark’s claim. It’s important that Facebook keeps that number growing as it’s shared content that keeps people visiting Facebook and seeing its ads.

To do that, Facebook is working on the more immersive mobile experience Home which has increased time spent on Facebook by 25% for its small number of active users. More time spent could lead to more sharing. This year it doubled the speed of its massively popular iOS and Android by switching them from HTML5 to native architecture, which lead to longer session times. It added content-specific news feed to boost browsing, and launched Graph Search to pull additional value out its data and get people to contribute more.

It’s also been beefing up its mobile SDKs for iOS and Android to make it easier for apps to share content to Facebook. That’s a big reason Facebook cares about helping its developers grow — they’re scratching each other’s backs.

• Monthly Active Users – 1.11 Billion – up 23% – As of March 2013, up from 901 million MAUs in March 2012
• Daily Active Users – 665 Million – up 26% – On average as of March 2013, up from 526 million DAUs on average in March 2012
• Mobile Monthly Active Users – 751 Million – up 54% – As of March 2013, up from 488 million mobile MAUs in March 2012
• Instagram – 100 Million Monthly Active Users – As of February 2013

Facebook is still signing up people pretty quickly, but all users are not created equal. While it earned $3.50 per user in the U.S. and Canada in Q1 2013, it only made $0.50 per user in much of the developing world including India and Brazil. Those emerging markets are where Facebook is getting most of its growth, meaning each subsequent 100 million users added is worth less than the last.

Growth in mobile has a similar issue. Facebook can show as many as seven ads per page on desktop whereas it has to be more careful not to overwhelm the small screen on mobile. So as Facebook’s users shift their access medium to mobile, it may earn less on each of them. Facebook is hoping that getting developers to pay for mobile news feed ads to get their apps discovered could counteract this, and that market is poised to grow as more businesses launch apps and the developing world switches to smartphones.

Overall, though, Facebook is still growing strong nine years after launch. The network effect of its ubiquity should not be underestimated. Dislodging Facebook as the premier general purpose social network will require something that’s not just better, but much, much better. Competitors might pick away at certain use cases, but are unlikely to replace it as the core identity provider for the web. Considering Facebook’s willingness to buy out threats like Instagram (which is still growing quickly in the first world), could stave off disruption and let it reign for years to come.

• Local Businesses – 16 Million – up 100% – Number of local business pages as of May 2013, up from 8 million in June 2012
• Promoted Posts – 7.5 Million – Number of promoted posts made from June 2012 to May 2013
• Revenue – $1.46 Billion – up 38% – In the first quarter of 2013, up from $1.06 billion in the first quarter of 2012
• Ad Revenue – $1.25 Billion – up 43% – In the first quarter of 2013, up from $872 million in the first quarter of 2012
• Employees – 4,900 – up 38% – As of March 2013, up from 3,539 in March 2012
• Game Payers – 24% more – Increase from March 2012 to March 2013

There’s no doubt about it. Going public made Facebook focus more on making money. It went from nearly zero revenue on mobile to $375 million a quarter, or about 30% of its total ad revenue. That in large part came thanks to the mobile app install ads it launched late last year. These let developers promote their apps in the Facebook news feed with ads that link straight to download pages in the Apple App Store and Google Play. These stores are getting more and more clogged with apps, inspiring developers to pay Facebook to get found.

Facebook also made big headway with Facebook Exchange, its retargeted ads that use people’s browser histories to show them highly relevant ads. FBX is absorbing advertiser budgets set aside for retargeting. Less successful has been Facebook Gifts, its entrance into direct e-commerce. Gifts has failed to produce meaningful revenue and may need to be overhauled to get more users purchasing real-life presents for their friends. Growth in payments revenue has been relatively slow too, as more game developers move from Facebook’s web canvas where it earns 30% to mobile, where Apple and Google get that cut.

One opportunity that should excite investors is that Facebook started showing ads in Graph Search. While they use the standard Facebook targeting now, they’re expected to incorporate keyword targeting, which could make them a more direct competitor to Google’s wildly lucrative AdWords business. The increasing technological savvy of local businesses could be a boon to Facebook in the future. Right now few of them actively buy social ads, but expect revenue to shift towards Facebook and away from less targeted print and telephone book ads in the future.

Still, Facebook isn’t trying to make as much money as it could. Another year went by without TV commercial-style auto-play video ads (though they’re rumored to be getting closer to this), and it even paused its experiment with a mobile ad network. If Facebook built out these streams it might piss some people off or make them feel like they data is being exploited, but it could definitely produce a huge boost in revenue. Off-site and off-app ad networks could let Facebook leverage its enormous wealth of personal data to power ads elsewhere so it can earn money without showing more ads on its own properties. That potential more than any is an argument for why Facebook is undervalued.

Most importantly of all, Facebook’s efforts to earn more money have not significantly impeded its mission of connecting the world. There are definitely more ads on Facebook, especially on mobile, but the data shows that they’re not annoying users enough to reduce their engagement.

Facebook has grown up. It’s no longer the red-hot startup that could double its user count every year. And it’s not the mature corporation churning out amazing profits by squeezing every last dime out of its data and usage. But Facebook has weathered the storm of going public without letting it destroy its regard for the user experience. It’s now a fundamental utility for most of the world. If it can keep from getting too greedy and stay focused on the long-term health of its community, it will have plenty of time to figure out how to turn the world’s life story into serious business.

Article courtesy of TechCrunch

Samsung’s latest flagship smartphone, the Galaxy S4, is poised to pass 10 million shipments next week less than a month after the device launched, says co-CEO Shin Jong-kyun, according to the Korea Times. The S4′s international release took place on April 27, after the phone launched in Samsung’s home market on April 26.

“We are confident that we will pass more than 10 million sales of the S4 next week. It is selling much faster than the previous model S3,” Jong-kyun told reporters at an industry forum in Seoul yesterday the paper reports. “Samsung spent 50 days to pass the 10 million sales mark for the S3. The S4 will be Samsung’s first ’10 million seller’ device less than a month after its official debut.”

Earlier this week Samsung confirmed shipments of the S4 had passed 6 million, describing it as the fastest ever sell rate for a Galaxy S smartphone, or any other Samsung smartphone. Company officials pointed to increased marketing spending as a key accelerator, according to the Korea Times. Samsung’s smartphone marketing budget dwarfs the other Android OEMs. According to research from Kantar media, reported in the WSJ, the company spent $401m in 2012 advertising its phones in the U.S. alone vs Apple’s $333 million.

It’s worth flagging that shipments are not actual sales. Samsung does not report the latter, however channel shipments at least give an indication of how popular retailers believe a device is going to be.

Apple does report device sales but does not break this out for individual iPhone models, so it’s not possible to compare the like-for-like sales of the iPhone 5 with the Galaxy S4 shipments. That said, Apple did report the opening weekend of iPhone 5 sales — when it said it sold five million of the devices. Reporting its last earnings in April Apple also said it sold a total of 37.4 million iPhones in the quarter.

Article courtesy of TechCrunch

Google’s stock price came close to its 52-week high on the first day of Google I/O today, hitting $915 per share at close. In comparison, Apple today dropped 15 points to close at $428 per share, 277 points off its 52-week high.

This morning, Google stock jumped to $909 per share from its opening price of $895 when Co-Founder Larry Page hit the stage at around 11:45. It is now trading at $916.50 in after-hours trading. One analyst I talked to attributed the increase to Google’s announcement of its “all access” streaming service and the rotation out of hardware makers such as Apple and HP.

The difference between Google and Apple’s share price is a barometer of the tech landscape. Google is a data company. Apple is more about design, creating beautiful devices.

The difference is evident here at Google I/O. Google has built its infrastructure to manage more data than arguably any company in the world. It uses ths data to provide services that it highlighted today in its keynote. This includes its Google Translate APIs and the next generation of its Google Maps. The iPhone will always be elegant. As my colleague Josh Constine points out, the beauty of a device is just not as important, as the entire world becomes a fabric of data objects.

Article courtesy of TechCrunch

Apple had a bit of a head start when it came to mobile software sales, since it launched its App Store earlier than the Android Market — now called Google Play. The gap between the two, which was more pronounced in terms of initial downloads, has begun to close. Today both Play and the App Store announced very similar milestones.

Apple has been counting down to its 50 billionth app download for a while now. In fact, the assets were leaked via the Apple website backend code earlier today, so we all knew it was coming. Coincidence that it would land on a Google keynote day? That’s hard to tell, but Google had its own milestone to announce: 48 billion downloads announced onstage at I/O today.

The announcements give us a unique opportunity to compare download numbers from both stores on as equal footing as possible, and the result is a snapshot of two app stores that are neck and neck — at least in terms of straight downloads.

That doesn’t take into account paid vs. free apps, or how much revenue each makes from ads and other sources. But as you can see from the graph, it marks one area at least where Google used to trail considerably but is now catching up. Also the fact that Google’s Android OS now accounts for a majority percentage of global smartphone sales means it shouldn’t be surprising that there are a lot of people downloading apps.

Article courtesy of TechCrunch

At its I/O developer conference today, Google today previewed the next version of Google Maps for mobile. Google’s director of Google Maps Daniel Graf demoed the new version on stage and showed new features like integrated lists from Zagat, more reviews in more places and a revamped directions and navigations experience (which now includes real-time incidence alerts and dynamic rerouting). The new version of Maps for mobile will launch later this summer.

Graf noted that Google Maps for the iPhone was a “tremendous success” (and gave users more accurate info than Apple’s own maps). The new maps experience, however, is meant to be more personal than earlier versions. Users can now rate restaurants and other local businesses directly from maps, using a new 5-star ratings scale instead of the usual 30-point Zagat scale.

Also new in this version is an integrated Google Offers experience, which will make it easier to find free offers from Google’s daily deals service.

All of this will also come to a new maps experience for tablets.

Article courtesy of TechCrunch

Google announced some fresh updates for Google Now today, consisting of six new types of cards that will show up in the automated, intelligent digital assistant feature for Android and iOS. The new cards include a location-based Reminder feature, public transit travel times, and information about books, music, TV shows and video games that might be of timely interest to users.

The new Google Cards Reminder feature is based on time, people and location and can be set with simple voice commands using natural language processing. It’s like the geofenced Reminders that are used by Apple in iOS, but looks to be arguably more useful since it ties into the Google Now knowledge graph. Reminders takes Now further by giving users a way to actively set and retrieve content, which should help prove its worth among users who weren’t getting much out of the automated results previously being generated by the engine.

The other new cards provide good, useful info for getting around town, but all the new media additions should also Google help drive Google Play sales. It’s a clever way for Google to begin using Now, its next-generation predictive search tool, to drive the kinds of revenue that it might be missing out on more and more as traditional desktop search advertising becomes a less lucrative area in the new mobile age.

Article courtesy of TechCrunch

Today at I/O, Google rebranded “Hangouts” as a new unified, cross-platform messaging system. It lets people text, photo, and group video message across Hangouts’ Android and iOS apps, plus its Gmail and Google+ site integrations. Hangouts rolls out today, replacing Google Talk [GChat] and G+ Messenger. While it doesn’t support SMS yet, it could challenge Facebook Messaging and Apple’s iMessage.

For over a year, whispers from GigaOm, Droid Life  and others signaled Google would undertake a big unification of its fragmented messaging offering. Today Google will offer new free iOS and Android Hangout apps, the Google+ integration, and you can upgrade from Google Talk to Hangouts by clicking on your photo in the Gmail chat list. There are currently no plans for other platforms like Windows Phone or Blackberry.

Google’s Vic Gundotra said at I/O today in San Francisco that “Technology should get out of the way so you can live, learn, and love.”  Operating systems and devices shouldn’t matter. You just want to talk with those you care about. That’s the point of the revamped Hangouts. It brings humans and conversations to the forefront.

Hangouts Is The Messaging Kitchen Sink

Presence, Circles, And Delivery

Let’s take a closer look at the features Hangouts offer. Presence, or knowing when friends are available to chat, is a big focus. You can see when friends are on Hangouts, if they’re currently typing, and if they’ve seen your messages [also known as read receipts]. Using Google+ Circles, you can select specific friends or a whole group to start a chat with.

Hangouts takes care to deliver your messages to whichever web interface or mobile app your friends are using. If you’re offline, Hangouts will store your messages until you return. Unlike Google Talk, it won’t send you an email every time you get a message while offline. It only pings you by email if someone starts a conversation with you while you’re away. Hangouts won’t send you duplicate notifications on different platforms, and you can snooze notifications all together if you need some quiet time.

The idea is that you can start, stop, and restart a conversation as you move between platforms, and you can chat with friends across the desktop, Android, and iOS devices.

Text, Emoji, Photos, And Video

Of course you can send simple text messages, but where Hangouts shines is in vivid multi-media communication. To spice up your words, you can add any of 850 hand-drawn emoji. You can send photos in Hangouts, which are saved to a saved to a Google+ album that you and you conversation partners can view, edit, and share later. In fact, you can go back and view your photo and messaging history at any time, or you can turn history off so your dispatches aren’t saved.

The crown jewel of Hangouts is its namesake’s video chat. You can talk face to face with up to 10 friends at once. When you’re in a video chat, you’ll see who is talking in a big window while the rest of your chat partners are shown in tiles below. Friends’ Hangouts will ring when you call them, and they’ll get notified if they miss the digital meetup.

But Hangouts video isn’t just a group FaceTime. Google added a bunch of bells and whistles. You can add visual and sound effects or make use of special Hangouts apps. So if you want to wear a virtual pirate hat or set off some fireworks, you can. You can watch YouTube videos simultaneously with friends while laughing together, and take screenshots to capture moments for later.

No SMS, Yet

The biggest feature missing from Hangouts is the ability to send and receive SMS messages to and from friends who don’t have a Hangouts app installed. This means Hangouts isn’t truly universal. Several of its competitors allow it, including Apple’s iMessage and Facebook’s Messenger For Android (but not for iOS).

So if you want to pull mom into a Hangout, you might have to send her a standard SMS from your phone and tell her to install the Hangouts app. That could be significant stumbling block. However, Google tells us SMS support is one of the most requested features from Hangouts testers, so I wouldn’t be surprised if it comes in a future update.

Oddly, Google tells us that in some countries, feature phone users, but not smartphone users, can participate in Hangouts via SMS. This should help it reach more people in the developing world, a core area for growth of messaging apps.

Other missing features include voice messages or VoIP, but you could just use a video call without looking at the screen to approximate voice calling. There’s also no Hangouts On Air broadcasting to YouTube yet.

Why Google Needs Unified Messaging

The messaging space has become a battleground recently with independent messaging apps like WhatsApp and Line competing with Apple, Facebook, and Google to rule private communication. Everyone wants to become the high-tech successor to SMS.

For Google, messaging could create a wealth of engagement and monetization options. Of course Google could monetize Hangouts directly by cramming ads in it somewhere, or selling special effects for video chat and stickers for text.

A stronger, cross-platform chat experience in Gmail could boost time spent there, where Google already shows ads. It could also finally give people a real reason to use Google+.

Most importantly, though, Hangouts could humanize Google. Still viewed as a search and ads company, people don’t think about it first when they want to socialize. Hangouts leverages all of Google’s powerful technology to bring people closer together.

Article courtesy of TechCrunch

Google is ramping up to deliver a streaming music service, which could debut as early as tomorrow at the I/O keynote, sources have told The Verge. The report has since been picked up by other publications, including The New York Times, which confirms that this is indeed the case according to its own unnamed sources, “people briefed on the plans.”

That Google would be working on a streaming, Spotify-style music service should surprise exactly no one. It’s been the elephant in the room among the major purveyors of digital music, including Apple, Amazon and Google ever since Spotify and competitors like Rdio emerged and started picking up steam and adding users.

Neither Spotify nor Rdio have come anywhere close to unseating the big guys in terms of users or music revenues, but that doesn’t mean that Apple and Google haven’t noticed the growing trend towards streaming. Juniper Research said recently that streamed music revenues will grow by more than 40 percent in 2013, rising to $1.7 billion by the end of the year. That’s still peanuts compared to the revenue Apple alone drives from iTunes music sales each year (it paid out $3.4 billion to record labels in 2012, which is after it takes its own cut).

The Google streaming service has been in development for a while now, according to rumors, but negotiations have now progressed to the point where it’s ready to launch, with all three major record labels signed up. There won’t be a free option, says the NYT, but instead there will be a paid subscription available at or around the going rate at competing services, or roughly $10 per month.

If true, this means Google’s negotiations with streaming services have progressed far faster and further than Apple’s, which reportedly hit a snag earlier this week. Both Apple and Google had previously raced to introduce cloud-based digital locker services for Google music, which allowed people to access tracks they’d previously purchased remotely from a variety of devices rather than stream tracks Spotify-style. That seemed like a sure precursor to a true streaming service, but labels were reportedly reluctant to go all-in on that model originally.

The strangest thing about this is that Google is reportedly still doing the YouTube-based streaming music service that had previously made the rounds, in addition to this new one, which will apparently operate alongside it. How these work, especially in terms of what they give users access to and for what cost, should provide an interesting look at how Google is looking at dividing its media business efforts.

We’ll likely find out tomorrow if this Google streaming thing is for real, live at the I/O keynote right here on TechCrunch.

Article courtesy of TechCrunch