GSI India v. Global Barcodes SL & Ors. on 12 January 2021
Background
The Defendant was Global Barcodes (Global Barcodes has multiple websites internationally) as well as several other similar barcode sellers (7 defendants were listed in total). They were selling non-GS1 authorised ‘890’ prefix barcode numbers on multiple different websites (including indiabarcodeshop.com; india- barcodes-store.com; and free-barcodesshop.com).
The Plaintiff was GS1 India – the only licensed body in India able to issue the ‘890’ prefix barcodes in accordance with global GS1 standards.
GS1 India alleged that the actions of the Defendants (in selling unauthorised ‘890’ barcodes) caused deception to customers and the public at large and showed on record complaints from customers who claimed that they had been issued fake and illegal barcodes thinking that they had been issued by the Plaintiff.
Ruling
The Delhi High Court issued a permanent injunction against the Defendants (as well as Rs. 20 lakhs in damages) prohibiting them from using or issuing 13-digit barcode numbers starting with “890”. The Court also ordered the Defendants to suspend and block the domain names of the websites illegally suppling ‘890’ barcode numbers.
It is manifest that the Defendant… is bent on carrying on its illegal activities by mischievously and falsely allocating bar codes starting from ‘890’ illegally to innocent third parties.”
An excerpt of the Court’s decision
Comments
Beware of any barcode website that claims to sell authentic ‘890’ prefix barcode numbers – they have no affiliation with GS1 and are not authorized to sell the 890 prefix, despite their claims.
Barcode numbers that start with the ‘890’ prefix are ILLEGAL unless they are issued directly by GS1 India.
Any non-GS1 barcode seller or website claiming to sell authentic ‘890’ prefix barcode numbers is acting ‘mischievously and falsely’ and illegally, and risk incurring harsh legal and financial sanctions.
If you purchase an 890 barcode from anyone other than GS1, the probability of duplication is very high, and you will be held responsible when duplication occurs. Retailers and distributors will always support an official GS1 license holder over someone using unauthorized numbers.