Legal analysis: Counterfeiting means that in order to gain competitive advantage, producers or operators improperly use other people’s marks on their own goods or business marks, making their own goods or business different from those of others. , business confusion, and acts of seeking improper benefits. Specific manifestations include the unauthorized use of other operators' unique and well-known registered trademarks, product packaging, decoration, names or various quality marks, leading to consumer confusion and market chaos. Americans call this behavior the free-riding behavior of "reaping without sowing". It causes the interests that should belong to legitimate operators to be obtained by unfair competitors, which is extremely harmful to market competition.

Counterfeiting refers to the illegal use of other people's registered trademarks, names, packaging, decoration, or illegal use of quality marks, forged origin, false representations of product quality, and misleading consumers.

1. The objects of infringement are different.

Counterfeiting violates the order of market competition; counterfeiting violates the order of trademark management.

2. The illegal objects are different.

The illegal object is the material bearer of the illegal object, and the illegal object is the social relationship embodied by the illegal object. The illegal objects of counterfeiting are the "name", "packaging" and "decoration" of well-known commodities; the illegal objects of counterfeiting are the "registered trademarks" of others.

3. The objective performance is different.

Counterfeiting behavior is objectively manifested in violation of the Anti-Unfair Competition Law and unauthorized use of the same or similar name, packaging, and decoration of well-known products; counterfeiting behavior is objectively manifested in violation of trademark management regulations, counterfeiting or counterfeiting , Selling other people’s registered trademarks.

4. The harm results are different.

Counterfeiting causes confusion with other people’s well-known products, causing buyers to mistakenly believe that the well-known products are for the purpose of harming competitors; counterfeiting constitutes a misunderstanding of product marks and marks (text, graphics) It is recognized that similar goods are indistinguishable and have the purpose of infringing on the exclusive rights of others to register trademarks.

Legal basis: "The People's Republic of China and the Civil Code"

Article 1,205 If product defects endanger the personal or property safety of others, the infringed party shall have The right requires producers and sellers to bear infringement responsibilities such as stopping infringement, removing obstacles, and eliminating dangers.

Article 1,206 If a product is found to be defective after it is put into circulation, the manufacturer or seller shall promptly take remedial measures such as stopping sales, warnings, and recalls; if remedial measures or remedial measures are not taken in a timely manner, If the failure causes the damage to expand, the party shall also bear tort liability for the expanded damage.

If recall measures are taken in accordance with the provisions of the preceding paragraph, the manufacturer or seller shall bear the necessary expenses incurred by the infringed party.

Article 1,207 If a product is knowingly known to be defective but still produces or sells it, or fails to take effective remedial measures in accordance with the provisions of the preceding article, causing death or serious damage to the health of others, the infringed party shall have the right to request corresponding measures. punitive damages.