Legal analysis: Well-known trademarks are trademark types recognized by China National Intellectual Property Administration Trademark Office, people's court or commodity review and adjudication board according to needs. Because of the huge investment and foreseeable economic benefits contained in well-known trademarks, well-known trademarks have long been coveted by illegal infringers. Therefore, the identification of well-known trademark infringement is different from that of general trademarks, and the former has a wider scope. Because the protection of well-known trademarks mainly starts from two aspects: horizontal and vertical, it expands the scope of identification similar to well-known trademarks, vertically expands the categories of goods or services marked by well-known trademarks, and expands from the same or similar goods or services to non-similar goods or services, thus achieving the purpose of giving special protection. The World Intellectual Property Trademark Convention is also based on this concept to identify well-known trademark infringement in order to protect well-known trademarks.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.