Legal analysis: Clothing infringement is trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The natural person or legal person whose trademark exclusive right is infringed upon when the actor sells goods that he knows or should know are counterfeit registered trademarks has the civil right to demand the infringer to stop the infringement, eliminate the influence and compensate for the losses. Having the following elements constitutes the infringement of selling counterfeit registered trademarks: (1) Whether the trademarks are similar; Trademark approximation is mainly analyzed from the angles of sound, form, meaning and composition of trademarks. (2) Whether the goods or services are similar; Similar goods refer to goods that are exactly the same in functions, uses, production departments, sales channels and consumers. , or the relevant public generally considers it relevant and confusing. (3) Whether it is easy to cause confusion among the relevant public.
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.