It is illegal to sell a certain brand of goods without authorization. Although the act of selling genuine products without authorization does not directly infringe the trademark owner's exclusive right to use the trademark, the perpetrator has obtained illegal benefits by taking advantage of the trademark owner's continuous efforts to expand brand awareness for free without making any contribution to the product brand. The behavior infringes upon the interests of legitimate operators, disrupts the normal economic order, and is an act of unfair competition.
Legal Analysis
The most basic classification of infringement is general infringement. and special infringements. General torts refer to acts committed because of the actor's fault, and the principles of fault liability and tort liability apply, constituting a recognized infringement act. Special tort acts refer to special tort acts based on the special provisions of the law, rather than the actor having subjective fault, and applying the principle of no fault. The torts attributable to the principle of presumption of fault or the principle of presumption of fault. The tort itself is illegal. The so-called illegality of the act refers to the fact that the act committed by the actor violates the prohibitive or mandatory provisions of the law and causes damage. The fact of damage includes damage to public property, damage to private property, and damage to non-property rights. Causal relationship is a very critical link in the determination of tort liability. The causal relationship in tort refers to the objective connection between the illegal act and the damage result, that is, whether the specific damage fact is the inevitable result of the actor's behavior. Only when there is a causal relationship between the two, the perpetrator should bear corresponding civil liability.
Legal Basis
Article 1165 of the "People's Liberation Army and Civil Code of the People's Republic of China" If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall be liable for the tort responsibility. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.
Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, Using the same trademark as its registered trademark on the same kind of goods; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same or similar trademark as its registered trademark on similar goods Trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Without trademark registration The person agrees to change his or her registered trademark and put the goods with the changed trademark back into the market; (6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Giving to others The exclusive right to use a registered trademark causes other damage.