Legal analysis: OEM production must sign an agreement or contract with the trademark owner and perform according to the contract or agreement, which does not infringe on the trademark rights of others, that is, there is no "counterfeiting" of other people's products. As for whether it is a "fake", it should be judged according to the quality of the product itself. Even if it is a private brand, if the product is shoddy and harms the consumer interests, it is also a fake and shoddy commodity.

Legal basis: Article 2 of the Product Quality Law of People's Republic of China (PRC). Anyone who engages in the production and sales of products within the territory of People's Republic of China (PRC) must abide by this law. The term "products" as mentioned in this Law refers to products that have been processed and manufactured for sale. The provisions of this law are not applicable to construction projects; However, if the building materials, building components and equipment used in construction projects fall within the product scope specified in the preceding paragraph, the provisions of this Law shall apply.