OnePlus was recently abandoned selling OnePlus One in India. Micromax have an exclusivity deal with Cyanogen. And according to them, Micromax was given an exclusive licence to create and distribute Cyanogen’s technology as a part of its devices in India. Micromax has an exclusive licence for South Asia while OnePlus has a non-exclusive licence for the other countries, not China. So, Micromax has filed for an injunction against OnePlus for use of Cyanogen branding and software on the OnePlus One. Therefore, the High Delhi Court, on Dec,17th have just only allowed OnePlus One to sell the remaining stock they had through its online partner Amazon.

But now, the Court seemly revered it. Judges Pradeep Nandrajog and RK Gauba said in their court order that they have set aside the appeal that banned OnePlus from selling phones in India, and that the case will be heard and decided afresh by a single judge on January 7. Until then OnePlus can continue to sell phones in India.

“In view of the facts noted by us hereinabove, it would not be a case to grant an ad-interim injunction, for the reason we were informed that mobile devices launched in India by Micromax are sold at around Rs 8,000 per piece and that by OnePlus at around Rs 22,000 per piece. The consumer of one product is mid-segment and of the other is high-end and thus prima-facie neither competes nor eats into territory of other.”

More than that, OnePlus said that they are using the Cyanogen 11s variant of the OS, while Micromax is using and has only rights to the Cyanogen 11 variant on its Yu devices.

It seems that OnePlus is having much advantages for its case. Additionally, the court also requested Cyanogen to file a written document along with OnePlus. This document will be the clear proof in court on Jan, 7th.

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