Legal analysis: If it is only a picture, there is no infringement without using a trademark. To judge whether it constitutes trademark infringement, it is generally necessary to judge whether the alleged infringement constitutes trademark use in the sense of trademark law. Trademark use refers to the use of trademarks in commodities, commodity packages, containers, service places and trading documents, or in commercial activities such as advertisements and exhibitions to identify the source of commodities or services.

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.