Delhi High Court has ordered Chinese smartphone manufacturer OnePlus to stop importing, selling and marketing its flagship smartphone One in India as soon as it runs out of existing stocks on Amazon India. First reported by LiveMint, the decision comes after Micromax filed a complaint of possible infringement as it owns exclusive rights to use the Cyanogen software in the country. The timing of the decision too is interesting as Micromax will be launching the CyanogenMod-powered YU smartphones in the country tomorrow. OnePlus One handset also runs on CyanogenMod, a heavily customized version of Android. While the company can still use Cyanogen’s software on its global variants, Micromax’s deal in India with the software maker ensures support only for the latter’s smartphones in the country.
This is why the Indian smartphone vendor filed a complaint in the Court claiming 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, on the other hand, noted that it had an exclusive collaboration and trademark license agreement with Cyanogen. That, however, could not get the company any relief in India. The court told OnePlus that it may seek further justice for breach of contract by the laws of the state of California as per the agreement between them. In a recent blog post addressing its users, OnePlus reiterated its commitment to the Indian users, and also announced that it was working on its own custom ROM that it plans to release sometime in February next year.