If the infringer is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced. If the victim is intentional about the occurrence or expansion of the damage, and the infringer is also intentional or grossly negligent about the occurrence of the damage, it belongs to the problem of reducing the liability of the infringer. For example, if a non-motor vehicle driver or pedestrian intentionally collides with a motor vehicle, and the motor vehicle driver is drunk and seriously speeding, the motor vehicle driver cannot be exempted from responsibility, but only from responsibility. The victim intentionally touched porcelain, because touching porcelain itself is not a legal civil legal act, and intentionally touching porcelain leads to self-harm, which should be a dangerous act and has its own responsibilities. Illegal touching porcelain does not produce legal damage relief. In the incident of touching porcelain, the infringer should only be given administrative punishment for minor violation of road rules, and should not bear civil liability.

First, the way to deal with trademark infringement:

1. Complain or report to the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement is committed.

2. The infringed person may also directly bring a suit in a people's court, or bring a suit in a people's court if he refuses to accept the handling by the administrative department for industry and commerce.

The principle of acceptance is different.

3. The administrative department for industry and commerce should "take the initiative to investigate and deal with" trademark infringement even if no one accuses or reports it, starting from protecting consumers' interests, stopping unfair competition and maintaining normal social and economic order. The people's courts practice the principle of "not suing and ignoring". A trademark infringement case shall not be accepted by the people's court unless it is prosecuted by the infringer.

Second, the way to report counterfeiting:

1, the brand can complain to the administrative department for industry and commerce. After mastering the evidence, the brand can find the district and county industrial and commercial bureau or the nearest industrial and commercial bureau to report the infringer and request the industrial and commercial department to investigate and deal with it. After confirming that the other party sells fakes, the industrial and commercial bureau will severely punish them.

2. Brands can complain through the website. For example, the e-commerce platform, taking Taobao as an example, is an intellectual property protection platform, and there is also a 123 15 network platform, which is equivalent to the online form of industrial and commercial reporting and can also play a role in safeguarding rights.

3. The brand can entrust others to make complaints. Because there are many blind spots in their own rights protection, brands are increasingly inclined to use third-party platforms to protect their rights. Professional third-party platforms can carry out targeted anti-counterfeiting rights protection and help brands save various costs.

Legal basis: Article 1 174 of the Civil Code of People's Republic of China (PRC), which states that the damage was intentionally caused by the victim, and the actor shall not be held responsible. The exemption of the actor stipulated in this article means that the damage is completely caused by the victim's intention, that is, the intentional behavior of the victim is the only reason for the damage.