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Is this legal?    
It's a little involved, but here is the story and supporting documents that I still have. In 1998 I created a company called New Century Music to publish music for school and church groups. I needed a barcode in order to get the music into certain retailers.

June 1998 - Applying to UCC for a prefix code.

In 1998 I created a company called New Century Music to publish music for school and church groups. I needed a barcode in order to get the music into certain retailers. I sent an application and paid a $350 fee to the Uniform Code Council, which at the time was responsible for assigning company prefixes. In June 1998, I received my prefix code.

Early 2003 - Receiving a bill for an additional yearly fee.

Fast forward to 2003. I received a letter of payment due to increasing costs. I paid the bill fearing I might loose my barcode prefix if I didn't.

Fall 2003 - I receive notice of a class action law suit.

Several months later I received a notice of a class action lawsuit against the Uniform Code Council which I joined. Now at first, I hardly ever believe these things and most usually never actually pay out any cash. I also just moved 1300 miles to Anaheim, CA and they had to have worked to find me.

Spring 2004 - I receive a check!

I ended up receiving a full refund of $150 from the class action as well being released from the new contract which I accepted by sending in the payment.

2006 - Verified that I own that prefix for life.

I called what is now GS1 (formally UUC) and verified that I do indeed own the company UPC barcode prefix code with no further fees or charges.

2008 - Engaging Ventures and smallbusinessupc.com are born.

In 2008 I officially changed the name of my company to Engaging Ventures and transferred ownership of my company barcode prefix. Here is a copy of the letter stating so.

Supporting Links

Here are the links I used to verify the legitimacy of reselling item codes with my prefix.

The website barcode-us.com is a Solutions Partner with GS1. While they do not support the sale of individual UPC codes, they do admit there is nothing illegal about it.
http://www.barcode-us.com/info_center/upcreseller.htm

A website from George J. Laurer, the inventor of the UPC, on the services he offers.
http://www.laurerupc.com

Here is the site of GS1 in the Unites States.
http://www.gs1us.org/

Sites that also sell individual barcodes:
(for your shopping comparison convenience)

http://www.buyabarcode.com
http://www.upccode.net
http://www.mozian.com/upc.html
http://www.barcodingfonts.com
http://www.upcexpress.com/
http://www.mozian.com/upc.html
http://www.barcodingfonts.com
http://www.singleupc.com/
http://www.makebarcode.com/specs/upc_a.html


In a nutshell...

If your product becomes the next Rubic's Cube or Pet Rock, you will eventually need a UPC Barcode Prefix for your company from GS1. There is no way around it. Meanwhile, if you looking to simply test your products in local regions or online, spend the money you save on marketing. Once you start receiving those orders for 100,000 units, you'll be able to afford a barcode from GS1.  To date, the only retailer that will not accept our UPC Barcodes is WalMart.  They require companies to receive an unique company prefix code from GS1.   If you have trouble with our UPC's at any other retailer, please let us know so we can add them to our list.

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