现行商标法生效至今已两年有余,但其中的惩罚性赔偿规定在实践中似乎更多的处于“应然”而很少转为“实然”状态:据不完全统计表明,在商标侵权案件中,商标权人主动主张惩罚性赔偿的案例可谓凤毛麟角,而适用惩罚性赔偿的判决更是寥若晨星;~([1])商标法惩罚性赔偿“案例难寻”、“难落地”、“仍难起步”甚至成为 The existing trademark law has been in force for more than two years, but the punitive damages among them seem to be more in “ought to be” and rarely change to “true” in practice. According to incomplete statistics, In the case of trademark infringement, the cases in which a trademark owner actively advocates punitive damages can be described as very rare, while the judgment applicable to punitive damages is even less if the Morningstar; ~ ([1]) Trademark Law Punitive Damages “Hard landing”, “still difficult to start” or even become