OnePlus One Banned In India

By: Rajat Gaur
After banning Xiaomi (and then lifting the ban partly), The Delhi High Court has now imposed a ban on importing, advertising and selling OnePlus One in India. The ban comes into effect as the court granted an injunction to the Indian smartphone maker, Micromax after it pleaded that OnePlus was infringing its exclusive rights over CyanogenMod in the South Asia region which it had acquired under an Ambient Services and Application Distributions Agreement  with Cyanogen.

Also Read: Xiaomi Banned In India, All You Need To Know The court however allowed OnePlus to clear its existing stocks of OnePlus One in India. It is worth noting that OnePlus had earlier made it clear in a blog post dated November 28 that OnePlus One units sold in India won’t be getting an OTA update from Cyanogen and that’s why OnePlus is working on its own custom Android ROM based on Android 5.0 Lollipop. After this judgement of the Delhi High Court, OnePlus might need to speed up the development of its own custom ROM.OnePlus One

OnePlus's Argument

OnePlus argued before the court that Cyanogen had granted them non-exclusive global rights to use Cyanogen trademarks and software all across the world (except for mainland China) and they were intimated about its exclusive agreement with Micromax (in South Asia) only on November 26, less than a week before OnePlus One launch date (December 2) in India. The court in response said that OnePlus may sue Cyanogen for breach of contract but case will be governed by the laws of the sate of California, US.

Micromax-Cyanogen Agreement

Micromax is all set to launch its first smartphone running on CyanogenMod Android ROM under its new YU  brand. For this, Micromax entered an exclusive agreement with Cyanogen. As per the terms of the agreement , only Micromax can use Cyanogen trademarks and software and provide Cyanogen updates in the South Asia region. This exclusive agreement is the reason why Cyanogen refused to provide updates to OnePlus handsets sold in India.

The interesting part of the story is that, just like OnePlus One, Micromax YU  will also be available exclusively on Amazon India.

See Also: Amazon To Sell OnePlus One In India