This case is a trademark infringement. The specific behavior is: Huafeng Company failed to pay the trademark license fee as required. Tianli Company announced in a newspaper that it had withdrawn the right to use the "Tianlisha" trademark and notified Huafeng Company in writing.

Huafeng Company still uses "Tianlisha" as its product trademark and sells it on the market. This behavior is generally specified in the signed trademark license agreement.

Trademark infringement stipulated in China's Trademark Law, the Implementing Rules of the Trademark Law, and judicial interpretations mostly determine the jurisdiction and subject of the case based on the content or type of trademark infringement. Article 57 of the Trademark Law stipulates that any of the following acts shall constitute infringement of the exclusive right to use a registered trademark: using the same trademark as the registered trademark on the same product without the permission of the trademark registrant.

Extended information:

Four elements:

1. There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Baidu Encyclopedia-Trademark Infringement