Chinese smartphone startup OnePlus has suffered yet another blow in the Indian market, after rival Micromax moved the Delhi HC to restrict the company from selling its devices in the country. The development follows US software maker Cyanogen's announcement to not support the OnePlus One sold in India with OTA updates.
Micromax Informatics Ltd on Tuesday secured a temporary injunction from the Delhi High Court, restricting OnePlus from selling, marketing and shipping devices bearing the Cyanogen mark in India. However, the court has agreed to allow e-retailer Amazon.in to clear its stocks of the OnePlus One.
The basis for the order was to restrain infringement of the exclusive “ambient services and application distributions agreement” Micromax has with Cyanogen. The filing was passed just days before Micromax launches the first device under its YU brand, which will run on Cyanogen's forked version of Android OS.
While Micromax has an exclusive license to use Cyanogen OS in South Asia, OnePlus has a non-exclusive license for the entire world except China. However, US-based software maker Cyanogen has notified that its agreement with Micromax supersedes all prior agreements, which puts OnePlus in the wrong when selling devices in India.
The Delhi HC went on to say that OnePlus may sue Cyanogen for breach of contract, but that will be governed by the laws in the state of California, USA, as per the agreement between them. In India however, the company will have no remedy and the agreement between Micromax and Cyanogen will have to be protected.