Legal analysis: there are two aspects to be investigated in the determination of trademark infringement, one is the trademark use behavior of the accused infringement, and the other is the use behavior of the trademark owner. In the sense of trademark law, the above use is based on the use of trademarks. The identification of different infringements should be based on the different ways in which the plaintiff and the defendant use the trademark, or with reference to the types of different infringements and the constitutive requirements of the infringement, and should not be identified as trademark infringement. The use of trademarks in the alleged infringement should exclude the fair use of trademarks and the exhaustion of trademark rights. In typical trademark infringement cases, using the same or similar trademarks on similar goods or similar goods makes it difficult to identify the source of goods, which of course means confusion. In atypical trademark infringement cases, confused judgment becomes the key to examine whether the infringement is established. Preventing confusion is also the theoretical basis and legislative purpose of trademark protection.

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.