• Title/Summary/Keyword: Harbor Act

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Trademark Protection In The Fashion Industry with ICT Issues (패션산업의 상표권 보호 및 ICT 쟁점 - Louboutin 사건, Levi 사건에 대한 분석을 중심으로 -)

  • Lee, Jae-Kyoung
    • 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.

A Study on the Safety Navigational Width of Bridges Across Waterways Considering Optimal Traffic Distribution (최적 교통분포를 고려한 해상교량의 안전 통항 폭에 관한 연구)

  • Son, Woo-Ju;Mun, Ji-Ha;Gu, Jung-Min;Cho, Ik-Soon
    • Journal of Navigation and Port Research
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    • v.46 no.4
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    • pp.303-312
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    • 2022
  • Bridges across waterways act as interference factors, that reduce the navigable water area from the perspective of navigation safety. To analyze the safety navigational width of ships navigating bridges across waterways, the optimal traffic distribution based on AIS data was investigated, and ships were classified according to size through k-means clustering. As a result of the goodness-of-fit analysis of the clustered data, the lognormal distribution was found to be close to the optimal distribution for Incheon Bridge and Busan Harbor Bridge. Also, the normal distributions for Mokpo Bridge and Machang Bridge were analyzed. Based on the lognormal and normal distribution, the analysis results assumed that the safe passage range of the vessel was 95% of the confidence interval, As a result, regarding the Incheon Bridge, the difference between the normal distribution and the lognormal distribution was the largest, at 64m to 98m. The minimum difference was 10m, which was revealed for Machang Bridge. Accordingly, regarding Incheon Bridge, it was analyzed that it is more appropriate to present a safety width of traffic by assuming a lognormal distribution, rather than suggesting a safety navigation width by assuming a normal distribution. Regarding other bridges, it was analyzed that similar results could be obtained using any of the two distributions, because of the similarity in width between the normal and lognormal distributions. Based on the above results, it is judged that if a safe navigational range is presented, it will contribute to the safe operation of ships as well as the prevention of accidents.