B LAW 210 1st Edition Lecture 7 Outline of Last Lecture 1 Negligence a Defenses of Negligence b Professional Duties c Res Ipsa Loquiter Outline of Current Lecture I Strict Liability II Intellectual Property a Copyright b Trademarks c Patents Current Lecture Strict Liability Something that is imposed on people even if there was no intent from injury or harm Liability without fault Different from intentional tort and different from negligence Common Cases of Strict Liability Unusually dangerous situations Strip Mining Wild Animal Cases You get one free Law o If your dog bites one person you will not be strictly liability however if they bite again you WILL become liable under a Strict Liability statute Medical Cosmetic Cases Products causing injury with the knowledge of possibilities Product Cases o Liable when A doctor puts a drug on the market KNOWING it causes stroke and does not label it Someone has a stroke company doctor is liable Intellectual Property The minute you take an idea and put it in physical form YOU NEED A COPYRIGHT o You cannot sue an idea UNLESS it is copyrighted o EX KimberlyHouser 2013 Copyright is the best way to protect your ideas and creations These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o Protection lasts the same amount of years as the copyrighter plus 7 years Workers for Hire o When a company hires someone To Create a website the website belongs to the creator unless the company has a contract with the creator To Create new software if the creator is an employee with the company previous to the creation the company owns the creation Trademark Anything that identifies a product or company logos the name products o Specific Appearance T G I Fridays Red White Awnings at doors o Generally only effective for 10 years with an affidavit every 5 years o McDonalds many MANY things can be associated with the company Ronald McDonald Big Mac McD s Patents A set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time normally 20 years since the processing o Apple patents a lot of their ideas Touch screen phones shape of phone software uses of phone etc so others will not be allowed to own or create similar software