Delhi High Court asks OnePlus to stop selling its smartphones in India

On Tuesday the Delhi High Court granted an interim relief to Xiaomi, allowing it to sell devices which are powered by Snapdragon based devices. According to the court order, Indian handset manufacturer, Micromax has been granted an injunction as the OnePlus One infringes its exclusive right to have the Cyanogen OS software in India.

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“Gurgaon-based consumer electronics manufacturer Micromax Informatics Ltd on Tuesday secured a temporary injunction from the Delhi high court against rival Chinese phone maker Shenzhen OnePlus Technology Co. Ltd.,” according to a report.

The injunction just comes days before Micromax launches its YU smartphone brand on the 18th of December, which will be powered by Cyanogen OS. The court restrained OnePlus from marketing, selling, and shipping its OnePlus mobiles in India. The company was barred from shipping any stock to India bearing the mark Cyanogen from Tuesday.

In the meantime, the court has allowed the company, which launched its OnePlus One phones in India through e-commerce website Amazon.in on December 2, to clear its stock. OnePlus had brought only 20,000 units to India. Micromax had filed a law suite seeking to restrain OnePlus from infringing the exclusive rights it has acquired by an “ambient services and application distributions agreement” with US-based software developing company Cyanogen Inc.

Cyanogen specialises in the modification of the Android operating system and through this agreement, Micromax was given an exclusive licence to integrate and distribute Cyanogen’s technology as a part of its devices in India. Micromax complained that by launching its phones on 2 December, OnePlus had infringed its exclusive rights under the agreement with Cyanogen.

The Indian mobile manufacturing company 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.”