Legal analysis: there must be illegal acts, that is, the actor has carried out the act of selling counterfeit registered trademark goods; There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
Legal basis: Article 56, paragraph 3 of the Trademark Law of People's Republic of China (PRC) sells goods that are not known to infringe the exclusive right to use a registered trademark, and it can be proved that the goods were legally obtained by itself and explained to the supplier, so it will not be liable for compensation. This requires sellers to control the purchase of goods in distribution activities and formulate strict purchase systems and procedures.