• Journal of Legislation Research
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• no.44
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• pp.185-209
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• 2013

With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.

• 발명특허
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• v.36 no.11
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• pp.57-60
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• 2011

최근 Christian Louboutin사(社)는 Yves Saint Lauren사(社)에 구두 외부밑창에 빨간색을 사용하지 말 것을 요청했는데 Yves Saint Lauren사(社)가 이를 거절하자 빨간색 밑창에 대한 상표권에 기초해 뉴욕 남부지방법원에 가처분신청을 했다. 위 사례를 통해 패션산업에서 색채는 미를 표현하고 경쟁하기 위한 필수요소인데, 경쟁자에게 색채 사용을 금지할 수 있는 것인지, 패션산업에서 단색의 색채가 상표로 등록될 수 있는 것인지, 색채상표의 등록요건은 무엇인지를 검토하고자 한다.

• Bulletin of the Korean Mathematical Society
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• v.52 no.6
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• pp.2095-2105
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• 2015

Given c, a positive integer, we set. $$M(f,c):=\frac{2}{{\phi}(f)}\sum_{{\chi}{\in}X^-_f}{\chi}(c)|L(1,{\chi})|^2$$, where $X^-_f$ is the set of the $\phi$(f)/2 odd Dirichlet characters mod f > 2, with gcd(f, c) = 1. We point out several mistakes in recently published papers and we give explicit closed formulas for the f's such that their prime divisors are all equal to ${\pm}1$ modulo c. As a Corollary, we obtain closed formulas for M(f, c) for c $\in$ {1, 2, 3, 4, 5, 6, 8, 10}. We also discuss the case of twisted quadratic moments for primitive characters.

• Bulletin of the Korean Mathematical Society
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• v.56 no.4
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• pp.815-827
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• 2019

It is well known that the denominator of the Dedekind sum s(c, d) divides 2 gcd(d, 3)d and that no smaller denominator independent of c can be expected. In contrast, here we prove that we usually get a smaller denominator in S(H, d), the sum of the s(c, d)'s over all the c's in a subgroup H of order n > 1 in the multiplicative group $(\mathbb{Z}/d\mathbb{Z})^*$. First, we prove that for p > 3 a prime, the sum 2S(H, p) is a rational integer of the same parity as (p-1)/2. We give an application of this result to upper bounds on relative class numbers of imaginary abelian number fields of prime conductor. Finally, we give a general result on the denominator of S(H, d) for non necessarily prime d's. We show that its denominator is a divisor of some explicit divisor of 2d gcd(d, 3).

• Bulletin of the Korean Mathematical Society
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• v.60 no.1
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• pp.1-22
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• 2023

Let L(s, χ) be the Dirichlet L-series associated with an f-periodic complex function χ. Let P(X) ∈ ℂ[X]. We give an expression for ∑^f_n=1 χ(n)P(n) as a linear combination of the L(-n, χ)'s for 0 ≤ n < deg P(X). We deduce some consequences pertaining to the Chowla hypothesis implying that L(s, χ) > 0 for s > 0 for real Dirichlet characters χ. To date no extended numerical computation on this hypothesis is available. In fact by a result of R. C. Baker and H. L. Montgomery we know that it does not hold for almost all fundamental discriminants. Our present numerical computation shows that surprisingly it holds true for at least 65% of the real, even and primitive Dirichlet characters of conductors less than 10⁶. We also show that a generalized Chowla hypothesis holds true for at least 72% of the real, even and primitive Dirichlet characters of conductors less than 10⁶. Since checking this generalized Chowla's hypothesis is easy to program and relies only on exact computation with rational integers, we do think that it should be part of any numerical computation verifying that L(s, χ) > 0 for s > 0 for real Dirichlet characters χ. To date, this verification for real, even and primitive Dirichlet characters has been done only for conductors less than 2·10⁵.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.