With its Micromax YU series of Cyanogen based phones being released in India tomorrow, Micromax has pleaded the Delhi HC for an injunction against Chinese phone-maker OnePlus to stop selling their phones in India.
The Delhi HC has asked OnePlus to stop shipping, selling and marketing of its devices in India. However the court has permitted stock clearance of OnePlus phones being sold through Amazon website.
The court has made this order after Micromax has claimed infringement of exclusive rights acquired by an “ambient services and application distributions agreement” Cyanogen. Micromax has claimed that by launching the OnePlus phones in India, the exclusivity deal was infringed.
Micromax 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”.
Cyanogen has informed that its agreement with Micromax will be held above all other. OnePlus has claimed that the termination of its agreement with Cyanogen was notified only a week before the launch of the phones in India.
Recently, Xiaomi was banned in India due to Ericsson patents (Gionee too received notice from others).
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