Tag Archives: TC

Tumblr May Reject Yahoo’s $1.1B Acquisition Offer For Being “Too Low”

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Tumblr feels that Yahoo’s $1.1 billion offer as “too low” and view it as “only a first offer”, according to sources close to to acquisition talks. Yahoo may have to significantly increase the offer to close the deal. An acquisition by some tech giant is likely in the cards for Tumblr, though, as sources say the company only has a few months of cash runway left.

The news comes after AllThingsD reported Yahoo was in advanced talks to buy Tumblr for $1.1 billion cash, and the portal’s board of directors are set to meet on Sunday night to discuss the potential deal. Forbes reports that Facebook and Microsoft have also expressed interest in acquiring Tumblr. However, Forbes says that Yahoo has lock-up agreement arranged with Tumblr that prevents the blogging platform from holding a “bake-off” or bidding war for the right to buy it.

If Yahoo comes to the table with an insufficient offer, which our sources say $1.1 billion qualifies as, Tumblr may be able to reject it and shop itself around some more.

A few months ago Tumblr let several companies know it was interested in possibly being acquired. Yahoo was the first to come to the table with a firm number, say one of our sources. They say Tumblr is apprehensive about accepting the $1.1 billion cash offer, though. Considering the much smaller, younger Instagram’s acquisition price was supposed to be $1 billion (in cash and stock, though, which would eventually make it worth less), it seems reasonable that Tumblr would view $1.1 billion cash as a lowball.

Tumblr employees have been told that the company only has enough funds to operate for a few more months, as its costs far exceed the limited revenue it earns. Tumblr pulled in $13 million in 2012, but has accelerated its advertising offering in hopes of hitting $100 million in revenue this year. The money’s not coming in fast enough to support its expenses though. Employees were recently told not to be concerned, though, because the company is expecting to be bought.

Of course, Yahoo might be able to push the deal through for $1.1 billion or just a little more depending on how the acquisition is structured. If it promises Tumblr’s CEO David Karp he can retain control of the company, provides the right retention bonuses, or won’t force Tumblr to shoehorn in integrations with Yahoo’s other properties, Tumblr may be more receptive.

If Yahoo successfully buys the startup, it could inject some much needed “cool”, youthful energy, and design sense into the aging tech giant. The acquisition might not be so popular with Tumblr’s users, though, who range from young hipsters to diehard Internet aficionados. Many thought Instagram’s userbase would balk at its acquisition by Facebook, but the photo sharing service has continued to grow, offering some hope to Yahoo and Tumblr if their deal closes.

GrubSeam? Online Takeout Giants GrubHub And Seamless In Talks To Merge

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Today, thanks to the maturation of the web, digital tech, and smartphones now in seemingly every pocket, startups are finding it easier than ever before to build scalable solutions to finally address the many inefficiencies in our food manufacturing, production and distribution systems.

As interest in food tech balloons, one area in particular appears to already be at the tipping point: Online and mobile food delivery. Over the last few days, we’ve hearing about a merger between two of the largest companies in the space. Rumor has it that “arch rivals” GrubHub and Seamless are in talks which could see them join forces as part of a merger. While our sources tell us that the talks are serious, the terms of the merger are not yet clear and, of course, any potential deal could fall through.

Furthermore, it’s not yet clear what kind of synergies would take place, how management of the new entity would be structured or even what the new business will be called. The two companies would not confirm on the record on any of the above. But as far as the name goes, we’re hoping for Grubless. Or Hubless GrubSeam. But they have a nice ring to them, don’t they?

If these rumors are true, the merger comes at a good time for the arch rivals, who have been seeing mounting competition of late from a laundry list of new startups entering the space, including increasingly popular alternatives like Delivery.com, ChowNow, Munchery (meals from local chefs), Campus Special, eat24 or the bigs of Europe, like Food Hero and Just-Eat. 

If the online food-ordering and delivery market is roughly where daily deals were three-plus years ago, then the deal essentially creates the Groupon of food delivery. Like the daily deals market, food ordering has traditionally had a fairly low barrier to entry, which helps explain why we seem to see a new startup pop up every week.

Plus, the business model isn’t particularly complicated, making it replicable. That being said, innovation and tech adoption have been slow to come to the food industry, and, at scale, this model (taking a slice of transactions) has the potential to be able to generate a lot of cash.

This is just one part of why the “food tech” business has been so hot lately. Just ask venture capitalists who collectively poured $350 million into food startups over the last year. (Compare that to 2008, when it was less than $50 million.) Plus, when you get right down to it: People need to eat. And, as it turns out, people are pretty busy. Uh, and lazy.

Of course, for those who remember the spectacular failure of online food companies like Webvan, Kozmo and HomeRuns, this whole “tech in your kitchen” and online ordering jibber-jabber probably sounds familiar — and not in a good way. But this time it’s different. Research from Cornell University recently found, for example, that over 40 percent of adults in the U.S. have ordered food online, and 10 percent of restaurant orders now originate online — and these numbers continue to head north. GrubHub and Seamless have built successful businesses on this very idea.

Both GrubHub and Seamless have been around for some time: The New York City-based Seamless was founded in 1999, while the Chicago-based GrubHub got its start in 2004. And for the most part, the two companies have catered to two different markets geographically. While both now have fairly expansive coverage, GrubHub has naturally developed a firm foothold in the Midwest, while Seamless focused its early attention on NYC, before moving into cities like Los Angeles and San Francisco. From that perspective, a merger would make sense, allowing the new, consolidated entity to gain penetration into markets where they lacked a major presence.

Writ large, the companies, while having some fundamental differences, do seem to have a lot of synergies on paper — at least “nominally,” depending on who you ask — likely why they’ve increasingly become rivals over the years. Bboth are of fairly comparable size, as GrubHub has more than 18,000 restaurant partners across more than 500 cities, while Seamless has over 12,000 restaurants and serves nearly 5,000 businesses and more than 2 million users. As of February, Reuters reported that Seamless was on track to generate more than $100 million in revenue this year as it expands into new cities and focuses more aggressively on mobile.

The company reportedly generated $85 million in revenue last year, growing its consumer business by 60 percent year-over-year and “will soon be processing $1 billion worth of food orders a year,” Seamless CEO Jonathan Zabusky told Reuters at the time. For the majority of its history, the company focused primarily on New York, but launched a major expansion effort last year, bringing its service to 10 new cities. According to the report, Seamless saw its transaction volume quadruple in Los Angeles during 2012, with transactions tripling in San Francisco.

Another interesting point to note: GrubHub was reported to be considering an IPO last fall. The company denied the rumors at the time, and if this merger is true, then they’ve been given the proper perspective. Certainly, it would seem that this wouldn’t take a potential IPO off the table, instead, likely making an opening price that much higher.

The IPO rumors for GrubHub came at a time when the company was reportedly doing about $60 million in revenue (this was in 2012) — a little less than half that of Seamless. Furthermore, Crain’s reported in December that GrubHub’s revenue has been doubling every year and, as the company reported $30 million in revenue in 2011, that revenue estimate would make sense and put the company on the path to crossing $100 million well before the end of this year.

That is all to say that, although the terms of the potential deal are unclear, these are two sizable businesses that are growing relatively fast, so any potential valuation has got to be fairly high. After all: The two companies were fairly comparably capitalized and staffed, with GrubHub growing to over 250 employees and Seamless over 300, while GrubHub raised about $84 million from a mix of venture and growth equity firms (including Benchmark) and Seamless raised $51 million, $50 million of which came from private equity firm Spectrum Equity.

While both companies have made a couple of acquisitions, this would be the second big M&A deal for Seamless, as the company was acquired by food services giant, ARAMARK, in 2006. Five years later, Spectrum bought a minority stake in Seamless from ARAMARK, and about a year later, the food services company spun-off its remaining interest in Seamless to its shareholders. Free from its corporate ownership, Seamless proceeded to go out and buy MenuPages for $15 million, showing up GrubHub, which MenuPages had initially targeted as its acquirer. When GrubHub and MenuPages couldn’t agree to a deal, and it seems that GrubHub was instead in the process of buying Dotmenu/Allmenus, Seamless swooped in — according to BetaBeat.

So, as you can see, the companies have a long history of jostling. While GrubHub had been out acquiring restaurant partners fast and furiously, Seamless stagnated a bit under ARAMARK, but since becoming an independent company (again) and with a new board/investors, the company seems to have been compounding its growth. Together, that growth could be exponentially higher.

Finally, if this deal is in fact a go, it’s worth looking at this quote from GrubHub co-founder and CEO Matt Maloney from back in 2011. In it, he shares his opinion on GrubHub’s top competitor, a little company called Seamless. He told BetaBeat:

I typically don’t talk this much about Seamless because we don’t view them as incredibly strong competition for what we’re doing … Seamless fundamentally is a corporate catering business. They were founded years and years and years ago to do just that. And they’re still best in the business for corporate. They recently got into the consumer and residential pick-up and delivery. And they do it well in New York, but they really have zero business anywhere else. We don’t even consider them competition anywhere other than Manhattan specifically.

So, there you go. A match potentially made in heaven, and one that’s sure to shake up online and mobile food ordering if it happens.

Find Seamless at home here and GrubHub here.

HTC Pledges To Pump Up ‘One’ Production While Samsung’s New Flagship Ships Like Crazy

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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 Now Introduces Mark Up Tools For Select Partners To Flag Flights, Hotel Stays And Reservations In Emails

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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 ont he 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.

Uber Prepares For Another Fight With DC Regulators

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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 Tells CupidWithFriends To Stop Using ‘With Friends’

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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

Firefox 23 Lands In Aurora Channel: Kills Blink Element, Introduces Slew Of New Dev Tools

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Mozilla today bumped up Firefox Aurora, the pre-beta release channel of the popular browser, to version 23. With this, it is introducing a number of new tools for developers that will now slowly make their way into the stable release channel over the next few months. Sadly (or maybe not), this is also the first version of Firefox that does away with the good old <blink> element, a former staple of the horrid GeoCities websites of the 90s.

On the user-facing side of things, this Aurora release also includes support for Firefox’s Mixed Content Blocker, which should keep users a bit safer when sites contain both HTTP and HTTPs resources. For Mac users, it includes new animations for swipe navigations and — finally — support for OSX 10.7′s new scrollbar style.

The focus of this release is clearly on developers, though. Firefox Aurora now features a new network monitor that provides a standard waterfall timeline view of network activity on any given page. This data has always been available, but only through the Web Console, which wasn’t very easy to interpret.

Also new in this version is a Remote Style Editor, which allows developers to test their web apps over a remote protocol in real time. Mozilla says the Editor should be compatible with Firefox for Android 23, which is also coming to the Aurora channel soon, and the team is working on incorporating some aspects of this technology into the Firefox OS simulator.

Other new tools include a new preference menu dedicated to the developer tools, as well as a first implementation of SourceMap Support and changes to the Object Inspector.

You can find a full list of changes here.

Gmail And The Stock Android Email App Combined Have Over 100M Mobile Users

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Google’s Vikram Aggarwal, a software engineer working on the Android platform, revealed today that Gmail and Email, the native Android client that still ships on Android devices as well, now has a combined user base of more than 100 million across the Android install base. It’s an interesting stat, because although Gmail and Email only represent two of a multitude of email clients available on Android, it’s likely that those two represent the email clients of choice for a wide swath of Android users.

This means that a 100-million-strong active user base for those two combined is probably a pretty good reflection of the total active user base of Android itself, give or take a few million users. That’s a good figure to get, since we usually see more about total activations, which is a far less accurate measure of how many people are currently using devices. Activations occur whenever there is a full device reset, for instance, and people often upgrade to new phones, meaning their previous activation is no longer an active one.

Google has passed 900 million Android activations, the company revealed at the I/O keynote earlier this week. Put in context of a 100-million-strong active user base for the core email apps operating on the platform, however, we get a picture of Android users which is much more down to earth. Estimates of active Apple devices have to take into account the 500 million sold to date, with over 300 million now on iOS 6. Updated to that version or being sold with it installed indicates there’s a good chance a lot of those are still in active use.

Divining the total number of active users on either platform is one part magic and one part science, and the 100 million is likely shy of the actual total of active Android devices out there, but it’s still another piece of the puzzle.