B_LAW 210 – 1st Edition Lecture 7 Outline of Last Lecture 1. Negligencea. Defenses of Negligenceb. Professional Dutiesc. Res Ipsa LoquiterOutline of Current Lecture I. Strict LiabilityII. Intellectual Property:a. Copyrightb. Trademarksc. PatentsCurrent LectureStrict 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” Lawo 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)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. ProductCaseso 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 fora 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