The OnePlus One was one of the highlight flagships that entered the market this year that well, was quite impressive. We loved it and we thought everyone did too. We were wrong. The authorities in India have set their sights on the OnePlus One as Micromax, a local Indian retailer has applied for an injunction for the ban of sales and advertising of the device.
The injunction was applied for in a Delhi High Court and revolves around the branding Cyanogen has on the back of the flagship. According to Micromax, this is a clear violation of its exclusive partnership with the custom ROM vendor in India.
It was revealed earlier in the year that Cyanogen had entered into a collaboration with Micromax to launch a line of smartphones that run on the custom ROM CyanogenMod, The line of devices known as Yu which will be revealed today in a New Delhi event.
The partnership was not disclosed until earlier this month and that was unfortunately, the exact same time the OnePlus One officially launched in India. Cyanogen revealed that in light of the exclusivity of the partnership with Micromax, it will not provide software updates for users owning the OnePlus One in India. Micromax was happy with this deal until it saw the company’s branding on the device. The local vendor had this to say:
“Micromax incurred major expenses for creation of a brand exclusivity for providing to Indian customers mobile phones with Cyanogen operating systems… 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.”
I wonder if OnePlus knew about this partnership among the two parties because the company just entered into a non-exclusive agreement with Cyanogen in February that is suppose to include a global launch of the OnePlus One (excluding China). The flagship was suppose to be able to utilize the ustom ROM vendor’s branding and software.
What does Cyanogen have to say? Well, the company is saying that the exclusive partnership it agreed to with Micromax is much more important than any previous agreements it had with OnePlus. OnePlus hence, can sue for damages in breach of contract but the hearing will be done in a Californian court where the contract was enforced. The court may or may not grant OnePlus a specific performance but keep in mind, it is hard to grant such a remedy that will be enforced in another jurisdiction.
The Delhi High Court has allowed Micromax to clear its inventory of the OnePlus One and if further sales are being commenced, the Cyanogen branding as well as the CyanogenMod ROM needs to disappear from the flagship.
Source: Low Yat