2. Winery B does not infringe the rights of Winery A. Winery A applied for a design patent, but the statement did not describe the appearance characteristics of its products, so it does not infringe its patent right at present.
As for the trademark, winery B can register this painting as a trademark (provided that all other conditions for applying for a trademark are met), but it must be allowed by the painter. If the painting is registered as a trademark without the permission of the painter, it may apply to the Trademark Review and Adjudication Board for cancellation. I specifically searched the Trademark Law, and it seems that there are no relevant provisions. It may be formulated in the form of other detailed rules, otherwise it will violate the spirit of the law.
4. The information obtained from now is based on sales volume, but as we all know, sales volume is not equal to profit, let alone illegal profit, so it can only be used as a reference, and the specific amount of the award depends on further evidence submitted by both parties.
5. Mainly related to copyright and trademark rights. How to coordinate? This is difficult to unify, so we can only analyze the specific situation, do due diligence in advance and so on.