Gurgaon-based consumer electronics manufacturer Micromax Informatics Ltd secured a temporary injunction from the Delhi high court against rival Chinese phone maker Shenzhen OnePlus Technology Co. Ltd from marketing, selling and shipping its OnePlus mobiles in India. However the Court allowed the company, which launched its OnePlus One phones in India through e-commerce website on 2 December, to clear its stock. Court even barred the company from shipping any stock to India bearing the mark Cyanogen from Tuesday.
Micromax Informatics Ltd filed this suit against Shenzhen OnePlus Technology Co. Ltd seeking to restrain OnePlus from infringing Micromax’s exclusive rights which has acquired by an “ambient services and application distributions agreement” with US-based software developing company Cyanogen. Cyanogen specializes 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.
It was submitted by Micromax that, they had “incurred major expenses for creation of brand exclusivity for providing to Indian customers mobile phones with Cyanogen operating systems” and “they would suffer irreparable harm and loss if Shenzhen OnePlus Technology Co. Ltd are permitted to continue with their illegal acts in violation of the agreement between Micromax and Cyanogen”.
However, Shenzhen OnePlus Technology Co. Ltd claimed that, they had entered a collaboration agreement and trademark licence agreement with Cyanogen in February to use its trademark and software in the entire world except mainland China. Further, submitted that, Cyanogen informed Shenzhen OnePlus Technology Co. Ltd about the termination of their agreement a fortnight before its launch in India, which resulted in providing an exclusive licence to Micromax for South Asia.