It is the legal basis to claim both trademark infringement and unfair competition in one case:

1. A certain act may infringe a registered trademark and at the same time constitute unfair competition, respectively. It is stipulated in the Trademark Law and the Anti-Unfair Competition Law, involving different legal acts and legal relationships.

Article 57 of the "Trademark Law" stipulates that any of the following acts shall be an infringement of the exclusive right to register a trademark: (1) Using it on the same kind of goods without the permission of the trademark registrant A trademark that is the same as its registered trademark; (2) using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to confusion (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Replacing other trademarks without the consent of the trademark registrant. Registering a trademark and putting the goods with the replaced trademark into the market; (6) Deliberately providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other people's exclusive rights to registered trademarks other damages. Article 58 of the "Trademark Law" stipulates that if someone uses someone else's registered trademark or unregistered well-known trademark as a trade name in a company name, misleading the public and constituting unfair competition, he will be punished in accordance with the "People's Republic of China and the State Anti-Unfair Trademark Law". Fair Competition Law.

2. Regarding the causes of action, trademark infringement and unfair competition are different causes of action. However, civil litigation has economic principles and efficiency principles, and in practice the court may consider resolving them together in the same case.