Compensation for plush toy trademark infringement is as follows: determined based on the actual losses suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it can be determined based on the benefits gained by the infringer due to the infringement; the loss of the right holder Or if it is difficult to determine the benefits obtained by the infringer, they shall be reasonably determined by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method.

Legal Basis

Article 63 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the actual damages suffered by the right holder due to the infringement. The loss is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.