OnePlus restrained from selling or importing the One in India

BY Rajesh Pandey

Published 17 Dec 2014


cyanogen_bootscreen

The Delhi High Court yesterday passed a temporary injunction on the basis of the suit filed by Micromax’s Yu brand to stop OnePlus from importing any units of the One in India. 

The Shenzhen based company started selling its highly popular handset — the OnePlus One — via an invite based system through Amazon India on December 2. As per the court order, OnePlus cannot import or sell any unit of the One in India that carries the Cyanogen Inc. logo. On the positive side, the court accepted the company’s plea to clear its existing stock before the injunction comes into effect.

Micromax had filed a suit against OnePlus in the Delhi High Court because the latter was infringing on its “ambient services and application distributions agreement” with Cyanogen Inc.

Micromax claimed that it had “incurred major expenses for creation of a brand exclusivity for providing to Indian customers mobile phones with Cyanogen operating systems” and “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”.

OnePlus claims that they had entered into an agreement with Cyanogen Inc. in February this year to distribute its software and use its trademark anywhere in the world except Mainland China. The company also revealed that Cyanogen Inc. informed them about the termination of their contract only 15 days beforehand.

Cyanogen Inc. clarified the matter by saying that its agreement with Micromax provides the latter with exclusive rights to its software in South Asia, and the contract supersedes any previous other agreement that Cyanogen Inc. might be in.

Micromax will be launching a handset running CyanogenMod under its Yu brand on December 18th.

[Via Livemint]