Legal analysis: To determine the liability relationship between the seller and the producer, we first need to judge whether they can establish the same infringement, and then we need to see which method is used to determine the compensation. "The infringer's benefit" is a special compensation method, which will lead to different ways of assuming responsibility.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.