GS1 India Vs Kalpesh Sudhakar Kothawade

Delhi High Court Grants Interim Injunction Against Unauthorized Use of '890' Barcodes

An Indian affiliate of GS1 AISBL has secured an interim injunction against defendants accused of unauthorized use of 13-digit barcode numbers starting with '890'. The application, filed under Order XXXIX Rules 1 & 2 along with Section 151 of CPC, 1908, aims to prevent the defendants from using, selling, offering for sale, issuing, or allocating these barcodes, which are misleadingly presented as compliant with GS1 standards.

GS1 AISBL, headquartered in Brussels, Belgium, manages a network of 116 member organizations worldwide and is responsible for setting global barcode standards. The plaintiff, granted an exclusive license by GS1 AISBL, allocates GS1 company prefix numbers starting with '890' in India. These numbers are essential for generating the Global Trade Item Number (GTIN), a unique 13-digit product code used for identifying specific products and ensuring compliance with global best practices related to counterfeit detection, product authentication, stock management, and wastage control.

According to the plaintiff, the defendants, who had signed up for the allocation of GS1 barcode numbers, violated the terms of the licensing agreement. The agreement stipulates that the license is non-exclusive, non-transferable, and non-sublicensable. Despite these conditions, the defendants allegedly transferred the barcode numbers 8904452202918, 8904452202529, and 8904452202536 to an entity named Pratibha’s Spices, thereby causing market confusion and infringing on the plaintiff's registered trademark.

The court found a prima facie case in favor of the plaintiff, noting that the balance of convenience lies with the plaintiff and that irreparable harm would occur if the injunction were not granted. Consequently, an ex-parte ad-interim injunction has been issued. This order restrains the defendants and all those acting on their behalf, including proprietors, partners, affiliates, franchisees, officers, servants, agents, distributors, and representatives, from using, selling, offering for sale, issuing, or allocating 13-digit barcode numbers starting with '890' or any deceptively similar marks in any manner that could lead to confusion regarding the origin, association, or certification of compliance with GS1 standards.

The injunction remains in effect until the next court hearing, providing temporary relief to the plaintiff while the case proceeds. This ruling underscores the importance of adhering to licensing agreements and the legal repercussions of unauthorized use and transfer of standardized identifiers crucial for maintaining global supply chain integrity.

Case Title:GS1 India Vs Kalpesh Sudhakar Kothawade

Judgement/Order Date: 03.05.2024

Case No. CS(COMM) 360 of 2024

Neutral Citation:NA

Name of Court: Delhi High Court

Name of Hon'ble Judge: Anish Dayal. H.J.

Disclaimer:

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com

Ph No: 9990389539