Delhi High Court lifts the ban on the OnePlus One sales in India
Shenzhen OnePlus Technology Co., otherwise simply known as OnePlus, was recently banned from importing and selling the OnePlus One in India due to an injunction granted to Micromax over the use of Cyanogen branding and software on OnePlus devices. The Delhi High Court has now reversed its decision, allowing OnePlus to continue selling phones in India.
Micromax had filed for an injunction against OnePlus for use of Cyanogen branding and software on the OnePlus One, despite Micromax having an exclusive licensing agreement with Cyanogen for its YU series of phones. The judge had then banned OnePlus from selling phones in India, allowing only to sell the remaining stock they had through its online partner Amazon.
Now judges Pradeep Nandrajog and RK Gauba said in their court order that they have set aside the appeal that banned OnePlus from selling phones in India, and that the case will be heard and decided afresh by a single judge on January 7. Until then OnePlus can continue to sell phones in India.
The problem arose with the original verdict being given after hearing only Micromax" plea. OnePlus was never given the opportunity to present its case, which is what is going to happen on January 7. OnePlus" logical argument is that the Yureka phone Micromax sells costs INR 8,000 while the OnePlus One costs INR 22,000 and thus neither competes with each other. On top of that, OnePlus claims to use the Cyanogen 11s version of the OS, while Micromax is using and has rights to only the Cyanogen 11 version on its Yureka phones.
Cyanogen is also being asked to file a written statement along with OnePlus, which will be presented in court on January 7. The court even branded Cyanogen as the "villain", which all things considered is not an unfair assessment.
