Finally, the Shenzhen-based smartphone manufacturer OnePlus has retaliated; taking on the allegation made by Micromax saying that they are not infringing any rights exclusive to the India consumer electronics firm, Micromax. It argued that the Cyanogen operating system (OS) version used by them is different from that used by Micromax.
Last week a complaint was lodged by Micromax to the Delhi High Court saying that the company has acquired exclusive right to use CyanogenMod trademark all across South Asia. This led to the temporary ban of OnePlus devices from selling, promoting or for that matter, even importing its devices to the Indian soil.
OnePlus argued before a bench headed by Justice Pradeep Nandrajog, commenting that the version embedded in their OnePlus One devices is Cynogen CM11S, while Micromax handsets run on a completely different version of the new software. As per the agreement between Micromax and US-based software firm, an exclusive clause states that Cyanogen cannot collaborate with any another smartphone maker in the Indian subcontinent. However, it did not extend to the fact that a different version could not be used in other devices. The Chinese company also added to its statement that the version point was not mentioned by any judge who has passed the restraining order.
Senior advocate Kapil Sibal representing OnePlus said,
It does not mean that we cannot do business.
He also suggested that his client should be given three months time to substitute Cyanogen with another software based on Android operating system and sell its already manufactured devices. It was also observed by the bench that the US-based firm Cyanogen had not been fair to the Chinese manufacturer stating that Micromax didn’t give time to the Chinese firm to make any changes to its device.
“Your client (Cyanogen) did not show fairness to either Micromax or Shenzhen. If this is how you want to proceed, that is wrong,” said the bench to the US firm counsel. Further hearing of the case will be held tomorrow.
Although it certainly seems that OnePlus has been wronged, it will be interesting to observe which way the decision goes. In the meantime OnePlus fans can patiently hope and pray that their beloved phone stays in the Indian market.
