The Review Blog

Oh HTC. You’ve produced one of the finest Android smartphones ever (seriously, just look at all these reviews), but you’ve faced more than your share of challenges when it came to actually pumping your top-tier One smartphone. As it happens, that may all soon change.

FocusTaiwan reported earlier today that HTC is preparing to pump out more of its wonderful Ones in short order — Jack Tong, the company’s North Asia president, noted that this month’s production capacity for the flagship device is twice that of April, and that surge will only continue into June.

Sounds pretty yawn-worthy, right? Normally I would spend too much time dwelling on the finer points of production capacity, but here’s a device that was launched to widespread praise by an underdog smartphone company some people have written off, and HTC has basically been getting screwed thanks to part shortages for the One’s Ultrapixel camera and a brief injunction due to the HDR microphone it uses. It’s like a perfect storm of headaches for a company that really, really doesn’t need it — one look at its Q1 financials and it’s clear that HTC needed this launch to go as smoothly as possible. It didn’t.

For what it’s worth, HTC hasn’t disclosed how many Ones it’s shipped since it launched earlier this year. Meanwhile, rival Samsung’s Galaxy S4 has become the Korean electronics giant’s fastest moving smartphone — Samsung shipped 6 million units in just over two weeks, and it hopes to cross the 10 million unit threshold by the end of this month. Oh, and let’s not forget the fact that Google’s Hugo Barra showed off a version of the S4 at the company’s I/O developer conference that runs a version of Android that’s unfettered by the software bloat that many a reviewer took umbrage at. Company representatives were careful not to call it a Nexus — even though it seems to harbor many of the advantages inherent to the Nexus line like a clean Android build and access to frequent software updates.

As I noted towards the end of my HTC One review, the wireless industry isn’t a meritocracy — the well-executed device doesn’t always wind up saving the day. Hopefully now that some of these production woes have been ironed out we’ll see HTC live to fight another day, but that’s still far from a given.

Google made a relatively quiet announcement today regarding how it’s pushing the developer ecosystem forward around Google Now, its intelligent personal assistant for Android devices. The company has begun extending mark up tools for emails from select partners, which help highlight flight schedules, hotel bookings and various types of reservations, to make sure that Gmail can spot that information and use it to auto-generate helpful reminders in Google Now.

The extension of the platform tools available to Now partners was announced by Google’s Baris Gultekin, who was one of the creators of Google Now, which sprung out of a project he came up with in his so-called “20 percent time.” He spoke with Google’s Louis Gray on the Developer Live video stream which ran throughout the I/O conference this year.

Gultekin was talking about ways in which Google is working to improve the quality and relevancy of the recommendations and data it surfaces. The project sounds like it’s fairly limited for now, but asking for help from the input sources of data seems like a smart way to supplement Google’s own data detection algorithms that are working to flag interesting data for Now’s use on their own data center side. Doing all the heavy lifting themselves might be more impressive, but if reaching out to partners can help improve user experience, then there’s no reason not to extend that hand.

No word yet on whether Google will eventually make those mark up tools available for different types of data or open them up for public use, but it’s easy to imagine a scenario where that happens, allowing developers and startups to provide the option of delivering all kinds of relevant information to users from their apps and services on Android. Then again, that has the potential to become overwhelming for users, so we might see a more metered, gradual approach.

Just about six months ago, Uber won a big battle with D.C. regulators to have its on-demand car service approved for operation within the nation’s capital. But new regulations from the D.C. Taxi Commission could severely hamper the company’s ability to offer low-cost services in the district.

Last December, the D.C. City Council voted to approve a legal framework that legitimized mobile e-hail applications there, as long as those applications followed certain rules. It defined a new class of for-hire vehicles (taxis and sedans) that could use mobile apps as a way to connect drivers and passengers.

The unanimous City Council vote followed a year of negotiations with local regulators to get its services approved for usage within the district. (The very public fight even included a sting operation by D.C. Taxi Commissioner Ron Linton in which he took an Uber and then handed over a variety of fines to the driver.) Still, after a whole lot of back-and-forth, it seemed like Uber was finally in the clear.

New regulations approved by the D.C. Taxi Commission last week could be a setback in the progress that Uber has made there, however. Among other things, those regulations would require mobile e-hail applications to integrate with the payment processor that is used within local taxicabs. That’s a non-starter for Uber, which currently has its own payment processor for in-app payments, and it could mean the end of UberTAXI in the city.

Another set of rules, which is being considered now, would ban cars that weighed less than 3,200 pounds. That would keep Uber from offering fuel-efficient hybrid vehicles, which would affect its ability to offer its lower-cost UberX service there. With the possibility of UberTAXI and UberX being shut down, the company would only have its legacy black car and SUV businesses in the city.

Other regulations that Uber disagrees with would require Uber and other e-hail providers to hand over data related to rides that were booked using mobile applications. According to Uber, another rule could give the Taxi Commission the ability to choose whether or not apps are approved for usage in the city, and unilaterally keep Uber and other services from operating there.

For its part, Uber has tried to once again mobilize its users to reach out to D.C. officials and petition the local government. It’s asked users to email and tweet at Mayor Vincent C. Gray, and has put up a petition on Change.org. That petition has already received more than 2,500 signatures, with 5,000 needed.

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

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