Legal analysis: It is very complicated to calculate the infringer's interests due to infringement in strict accordance with the financial system. First, it is almost impossible to obtain the complete and true financial records of the infringer in practice. Second, the infringer is likely to have no actual profit. For example, when the infringement is discovered at the beginning, the goods have not been sold completely or the sales volume is very small, which is not enough for the early packaging and other expenses. The interpretation of the High Court further simplifies the problem. Article 14 Interpretation: The benefits obtained from infringement as stipulated in the first paragraph of Article 56 of the Trademark Law can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity.
Legal basis: The amount of compensation for infringement of the exclusive right to use a trademark in Article 56 of the Trademark Law refers to the benefits obtained by the infringer during the infringement period or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.