Delhi HC stops OnePlus One sales in India following Micromax complaint

By | December 18, 2014

Just when we thought that the whole OnePlus and Cyanogen issue was behind us, a new problem cropped up for the Chinese smartphone manufacturer. Delhi High Court has banned OnePlus from selling and marketing its smartphones in India having Cyanogen-OS on board, based on a complaint received from local smartphone company Micromax. You may access the original copy of the HC judgement from here.

OnePlus started selling smartphones loaded with Cyanogen-OS early this year. However the problem surfaced when Micromax entered into an exclusive partnership with Cyanogen in order to sell its own Yu series of smartphones in India. Micromax argues that OnePlus selling its Cyanogen-OS based handset in India infringes on its exclusive rights to sell Cyanogen-OS based plus and micromax in delhi hc

As reported by Livemint, the court has ordered OnePlus “to stop marketing, selling and shipping its OnePlus mobiles in India. It has also been barred from importing smartphones bearing the Cyanogen logo.” However, the reports adds that has been allowed to clear its stock of OnePlus One smartphones.

The lawsuit filed by Micromax claims that ‘“it has incurred major expenses in creating an exclusive brand of Cyanogen-based smartphones in India.” Micromax has apprehensions that it would “suffer irreparable harm and loss if the defendants (OnePlus) are permitted to continue with their illegal acts in violation of the agreement between Micromax and Cyanogen.”

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OnePlus on the other hand claims that it had entered into ‘collaboration and trademark license agreement’ with Cyanogen back in February this year, which grants it the right to use Cyanogen’s name and logo on its product worldwide barring mainland China. It further added that the Cyanogen terminated the contract just weeks before OnePlus One smartphone launch in India.

The sales ban isn’t going to be around for long as OnePlus is rumored to be working on Cyanogen-OS alternative specifically for India. OnePlus has promised that it would launch the Android 5.0 Lollipop based firmware within December, which will act as a work around for selling OnePlus One.