Legal analysis: infringement. When selling goods, the purpose of giving away other goods is to induce consumers to purchase the goods, so its nature is still a potential sales behavior by the operator. The determination of the nature of the behavior is not affected by whether the selling price of the goods sold is increased or whether the gifts are included in the cost. Regardless of whether the seller directly sells the brand gifts, it infringes the trademark rights of the gift company and should be considered an infringement.

Legal basis: "Trademark Law of the People's Republic of China"

Article 52 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

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(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;

(2) Selling goods that infringe the registered trademark. goods;

(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(4) Forging or manufacturing registered trademarks without authorization from the trademark registrant; Agree, change its registered trademark and put the goods with the changed trademark into the market;

(5) Cause other damage to others’ exclusive right to use registered trademarks.