Just before the launch of Micromax’s YU brand, Micromax has secured temporary ban on Chinese phone maker One Plus in India. Court restrained OnePlus from Shipping, selling and marketing its any smartphone bearing the mark Cyanogen from Tuesday.
Company can clear its stock it imported in India via Amazon.com. But it has to stop selling the devices via Amazon.in.
This order came after Micromax filed a case on OnePlus for infringing the exclusive rights it acquired from Cyanogen. Micromax was given exclusive rights to integrate and distribute Cyanobgen’s technology as a part of its smartphone in India. Micromax claims that by launching OnePlus One in India, OnePlus had infringed its exclusive rights.
Micromax says it had “incurred major expenses for creation of a brand exclusivity for providing to Indian customers mobile phones with Cyanogen operating systems,” and “ 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 it learned about the exclusive deal only a fortnight before the launch and it also promised to offer a custom build based on Android Lollipop by next February. OnePlus also confirmed that it had partnered with Cyanogen in February to use its trademark and software in the entire world except China.
Court also said that OnePlus can sue Cyanogen in US under the laws governed by the state of California for breach of contract but it cannot in India.
OnePlus is the second Chinese manufacturer which barred from selling devices in India over infringement. Few days back, Xiaomi was also barred due to patent Infringement case filed by Ericsson. But now it has been allowed to sell Qualcomm based smartphones.
Source: Livemint
