Home > companies > OnePlus moves Delhi high court against ban on sale of phones

New Delhi: Recently restrained from selling its devices, Chinese phone maker Shenzhen OnePlus Technology Co. Ltd moved the Delhi high court on Monday against the ban.

On 16 December, a single judge of the high court had barred OnePlus from marketing, selling or shipping its OnePlus mobile phones loaded with Cyanogen, a version of the Android operating system, in a trademark infringement suit with Gurgaon-based phone maker Micromax Informatics Ltd.

The Chinese firm contended that the version of the operating system (CM11S-OS) it used was different from the one that Micromax had an exclusive licence for in India.

Micromax claimed it had an exclusive licence to use US-based software development company Cyanogen’s technology with its devices in South Asia.

OnePlus said that it had a collaboration agreement and trademark licence agreement with Cyanogen to use its software around the world, with the exception of China.

However, as per Cyanogen’s own statement, Micromax’s agreement superseded its other agreements. The high court had noted in its 16 December order that OnePlus could sue Cyanogen for breach of contract, but that would be governed by California state laws. It was without remedy in India as Micromax had a stronger trademark claim.

Shreeja Sen contributed to this story

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