What is trademark infringement
Trademark infringement means: the perpetrator uses the same or similar products without the permission of the trademark owner. Using a trademark that is the same as or similar to the registered trademark on the goods, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. If the perpetrator sells goods that he knows or should have known are counterfeit registered trademarks, the natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:
1) There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods.
2) There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3] The illegal perpetrator is subjectively at fault, which means that the perpetrator already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.
4) There must be a causal relationship between the illegal act and the damage, that is, there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. .
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