"SAMBA" proves to be a popular brand. Deutsche Telekom recently named a software solution for mobile applications SaMBa! - but obviously forgot about the already existing and protected open source software SAMBA. Goettingen based SerNet GmbH, who holds the trademark for SAMBA in Germany on behalf of the international SAMBA team, could convince Deutsche Telekom to sign a cease and desist letter as well as to rename their product within six months.
In late September Deutsche Telekom launched a software which puts smartphone apps in a foreclosed container. The name: SaMBa! (Safe Mobile Business Apps). However, since the early 1990s SAMBA exists as an open source project (<link http: www.samba.org external-link-new-window>www.samba.org), which is the leading free alternative to Microsoft's Windows servers. SerNet holds rights to the brand SAMBA for Germany since 1999.
Deutsche Telekom assured SerNet in a legally binding document to no longer use the name SAMBA for their products. To rename the software a period of six months was granted. Dr. Johannes Loxen, CEO of SerNet GmbH: "The fact that the history of SAMBA slipped the attention of the Deutsche Telekom AG, has surprised us. Especially since the company is otherwise very concerned about the compliance of trademark rights." He is pleased with the quick and uncomplicated agreement that both parties could achieve. "This time the right of 'Intellectual Property' was on the side of an open source project." SerNet will continue to actively defend the rights to SAMBA in order to avoid confusion with other software projects and to document that open source software is included by industrial property rights in the same way as software with secret source code.
For further information, please contact the SerNet GmbH. You can reach us via presse@sernet.de or call 0551 37 0000 0.
SerNet,
SAMBA,
2014