Legal analysis: Trademark infringement means that others use the same or similar logo as the registered trademark without the permission of the owner of the registered trademark, and it may cause consumers to be confused about the source of goods or services. The main defenses are: 1. Non-trademark use defense. For example, trademarks such as McDonald's and Kungfu are used on food maps in commercial streets. 2. Proper use of defense. Fair use generally includes narrative, descriptive and indicative use. 3. Exhaustion of rights defense. Exhaustion doctrine means that the trademark owner can't intervene in the further circulation of the commodity, such as resale and distribution, after the commodity is legally put on the market. 4. Legal source defense. If the trademark does not use a defense, this defense will constitute infringement, and the infringement should be stopped, but no compensation is required. 5. Use the defense first. The exclusive right holder of a registered trademark has no right to prohibit the prior user from continuing to use the trademark within the original scope of use, but may require it to attach an appropriate distinguishing mark. 6, the goods are not similar to the defense. When defending, if it can be proved that the goods of both parties are not similar, it does not constitute infringement. But well-known brands can get cross-class protection. 7, the trademark is not similar to the defense. 8. Malicious cybersquatting defense.
Legal basis: Article 12 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.
article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give 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 request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.