How I Got Fired From the Job I Invented 252
New submitter frost_knight writes "Travel blogger Turner Barr discovered that his entire brand, image, and web personality has been hijacked by a multi-billion dollar company for use in a marketing campaign. 'The video for their marketing campaign was particularly creepy for me, as even my age and personality didn’t escape the level of detail spent on creating this doppelganger (they used a paid actor of course). ... I’m no longer even the first thing that comes up when you Google my brand name. I’ve turned down work opportunities and put on hold any future travel job plans to deal with lawyers, long distance phone calls, corporate executives and other such nonsense — all along feeling misled and patronized. This situation has been extremely confusing for not only myself, but also for participants in company’s marketing campaign who message me thinking that I am am part of the company.'"
who are intelectual property laws protecting again (Score:5, Insightful)
Who are intellecutal property laws protecting again. Once again, they always protect those with enough lawyers to make them work.
Re:who are intelectual property laws protecting ag (Score:5, Funny)
Who are intellecutal property laws protecting again. Once again, they always protect those with enough lawyers to make them work.
Of course the laws protect those who worked hard to make the laws (the layers). If they didn't, it wouldn't be fair.
Re: (Score:2)
The layers do get compensation of a sort as food and shelter but the living conditions are horrid and the retirement plan sucks.
Re: (Score:2)
Auew you do, if you were smart by then you move into politics.
Re: (Score:3)
I thought it was binders full of lawyers.
Re:who are intelectual property laws protecting ag (Score:5, Funny)
It is only fair. If the citizens cared about their rights, they would hire lobbyists.
Re: (Score:3, Insightful)
Re: (Score:3)
Fare is what you should have paid to be in the bus instead of under it.
Re:who are intelectual property laws protecting ag (Score:5, Insightful)
These days you only have the rights that you can afford to defend.
Re:who are intelectual property laws protecting ag (Score:5, Informative)
Absolutely right! If you're lucky, you'll never have rights worth enough to pay a lawyer to sue you. My 70+ year old widowed mother is being sued by my money-crazy step-sister. There is zero merit to the case, but my poor mother has already had incurred over $200K in expenses, and they haven't even started the effort to go to trial. The judge couldn't throw out the case because the law says disputes of this type can only be decided at trial. The system is set up to take away your money and give it to lawyers, plain and simple. Anyone without enough money to play this game can be taken advantage of by any company that cares to, and the law is set up to benefit lawyers here as well.
There is a defense. If you're bright, and a fast learner, you can represent yourself, and hopefully not cock it up. It will take even more of your time than hiring lawyers, but the expenses will be tiny. Naturally, judges, who all happen to be lawyers, take a dim view of this approach. It's a good thing the people passing the laws that lawyers live by aren't lawyers themselves! ... Oh, wait!
Re: (Score:2)
Powerful incumbents against competition. Laws are working as intended.
Re: (Score:3)
Adecco will not win. IP law protects Barr (Score:5, Interesting)
It is pretty clear that Barr's trademark has priority under law and he's virtually guaranteed to win. It seems Barr and Adecco just haven't yet agreed on how much Adecco needs to pay Barr to make up for their employee's misbehavior .
Re: Adecco will not win. IP law protects Barr (Score:2)
Adecco admits it was "a mistake" "make it right" (Score:5, Insightful)
So at this point there's no question they were in the wrong. It's just a matter of figuring out what to do about it.
* had Adecco offered a settlement WITHOUT admitting they were wrong, that offer couldn't be used against them in court .
Here, they admitted it was a mistake to use that name, and that they need to make it right.
Re:Adecco admits it was "a mistake" "make it right (Score:5, Insightful)
Adecco has publicly admitted it was "a mistake" and they want to "make it right".
So why is "Around the World in 80 Jobs" still plastered all over the Adecco website? Step one of "make it right" is to cease infringing.
... unless the "make it right" was a public outcry publicity stunt by Barr and Adecco.
the contest is ongoing & they've spoken to Bar (Score:3)
Ending the contest would screw over the people already involved.
They've spoken to Barr and it's entirely possible he indicated he would rather then not shut it down at this point.
It's also possible that they're stupid.
Re: (Score:2)
They've spoken to Barr and it's entirely possible he indicated he would rather then not shut it down at this point.
If that were the case, he wouldn't be ranting about it on his blog, and we wouldn't have a story.
Re: (Score:3)
If that were the case, he wouldn't be ranting about it on his blog, and we wouldn't have a story.
Unless he's calculated that he can get more out of them if he turns the screws a bit.
Re: (Score:2)
Maybe that's a good first step, maybe not.
Ending the contest would screw over the people already involved.
They've spoken to Barr and it's entirely possible he indicated he would rather then not shut it down at this point.
It's also possible that they're stupid.
it's Adecco. they're both stupid and evil.
Re: (Score:2)
Re: Adecco will not win. IP law protects Barr (Score:5, Informative)
Adecco registered the phrase "Around the world in 80 jobs" with the uspto, and a trademark was granted on April 13th.
Nope. Adecco filed an application on April 13th. The application then has to be examined, which typically takes several months. If it gets through that and the examiner decides to allow the mark, that will be published, and then there is a 30 day period where the public is invited to submit reasons the mark should not be granted.
Kickstarter (Score:4)
Re: (Score:2)
This. Hell yes, this. It would no longer make sense to call it Kickstarter in these cases; maybe KickThecorruptSystemInThePants.
Re:Adecco will not win. IP law protects Barr (Score:4, Insightful)
Re: Adecco will not win. IP law protects Barr (Score:3)
If it was granted, they would use R in a circle. TM symbolizes that the application process has been started.
Re: (Score:2)
Who are intellecutal property laws protecting again. Once again, they always protect those with enough lawyers to make them work.
Yes... and, without the law, those with enough money still beat people with less, too. Basically, it's always an advantage to have more money. The problem isn't money, it's the willingness to be an asshole to get it, and using it to hurt people in order to preserve and increase your power.
Re:who are intelectual property laws protecting ag (Score:5, Informative)
His trademarks and copyrights were both infringed. If he engaged in commerce in the United States since 1976 he was required to register neither.
He might even have a case for unfair competition and illegal use of his likeness. Depends on how aggressive his attorneys are.
Re: (Score:2)
He is required to register a trademark. Not a copyright.
But, if he relies on the at-large copyright, it's not as strong as if he actually registers through the Copyright Office.
Re:who are intelectual property laws protecting ag (Score:5, Informative)
He is not required to register a trademark. The only requirement is that he use it in commerce. Registered trademarks have stronger protections, but an unregistered trademark is still protected.
Re: (Score:2)
He still needs to indicate that it's a trademark. And it needs to identify an actual product or service. As far as I can tell, he does neither.
the product and service is his .com website.
The IP is his trademark(s) that mark his business (Score:5, Insightful)
What belongs to each of these companies is the NAMES they do business under
In order to know whether you're buying soda made by Coca-Cola or some other company, the law protects the Coke mark.
His mark is Around the World in 80 Jobs. It seems that employees of Arecco contacted Barr, thinking that he was part of the promotion. If their use of the Around the World in 80 Jobs mark confused their own employees, it could certainly confuse the public, making them think Barr was involved in the promotion.
Re: The IP is his trademark(s) that mark his busin (Score:5, Informative)
funny (Score:5, Informative)
This adecco page has twitter feed deal at the bottom and it's a riot to read right now. Apparently they haven't caught on that this story is getting a lot of attention yet.
https://www.adeccowaytowork.com/en/career-center [adeccowaytowork.com]
I'm gonna guess clicking through on the facebook deal next to it would lead to similar stuff.
Re:funny (Score:4, Insightful)
Maybe they need to fill a job for "weekend social media monitor". LOL
Re: (Score:2)
If you look at the homepage it's obvious that same block of script was placed at the bottom right corner but was removed, they just forgot to remove it from the career center page =)
Re: (Score:3, Informative)
Our values
Demonstrate respect for the rights and dignity of all people and organisations by being fair, just and compassionate.
Take responsibility for our actions and hold ourselves and each other accountable for what we say and do.
Communicate in an honest way with our colleagues, associates, investors, customers, suppliers, governments and the communities in which we work.
Act with integrity by demonstrating the courage and strength of character to do what is right even when
The twitter feed has been turned off (Score:5, Informative)
Re: (Score:3, Informative)
Re: (Score:2)
Re:funny (Score:5, Funny)
Their "Core Values" page is also unintentionally hilarious. http://www.adecco.com/en-US/About/Pages/CoreValues.aspx [adecco.com]. For the first two, I think they're using the wrong definition of "take".
Entrepreneurship ...
* We constantly take initiatives to make "better work, better life" a daily reality
* We take ownership and stand by our own results
* We act upon opportunities
Re:funny (Score:5, Funny)
Well, you can't deny that they "took ownership."
Re: (Score:2)
Re: (Score:2)
My favourite Adecco tweet: "Make sure social media works for you the right way! Check out what you can do to improve your profile..."
TM, are you kidding me? (Score:5, Informative)
I was so ready to side with Adecco on this. It's really not a very original twist on 'Around the world in 80 days', and it's really just a limited time use by them. Then I saw they've applied a TM to the term. They made his whole point for him.
Re:TM, are you kidding me? (Score:5, Insightful)
I think the issue goes beyond them just using the same name. From the summary:
"'The video for their marketing campaign was particularly creepy for me, as even my age and personality didn’t escape the level of detail spent on creating this doppelganger (they used a paid actor of course)."
It sounds like they intentionally made it resemble him as closely as possible. It's sort of like those dollar store markers that are "Sharple" brand in a script that makes it look almost identical to "Sharpie", mostly just to confuse people into getting your knockoff.
Re: (Score:2)
Or Darlie toothpaste, changed ever so slightly to be PC.
But the logo and the Chinese name (héirèn yágao) haven't changed.
(Sorry for the bad pinyin--Slashdot apparently permits neither Hanzi nor proper diacritics.)
Re: (Score:2)
That is interesting. The IP thief themselves trade mark it, their for admitting that what they did was theft.
Re: (Score:2)
I can't see the Youtube video but it does seem a rather simple swap of "days" to "jobs" that could have been invented independently. A bit too generic.
Re: (Score:2)
You're confusing trademarks and patents.
Re:TM, are you kidding me? (Score:5, Insightful)
Trademark exists to prevent consumer confusion. It seems like trademarking something already in use by someone else is just a big ol' recipe for confusing ready to be put in the oven.
Re:TM, are you kidding me? (Score:5, Informative)
It is trademark infringement. Use in commerce is sufficient. It doesn't need to be registered.
http://en.wikipedia.org/wiki/United_States_trademark_law#TM_vs._.C2.AE [wikipedia.org]
On the other hand, fraudulent claim of a trademark is actionable under 15 U.S.C. Section 1120.
Re: (Score:2)
It doesn't need to be registered, but it does need to be marked. He doesn't seem to have done that. Furthermore, if you don't register it, your options for enforcing it are limited. Also, you can only trademark an actual product or service; what product or service is he offering? I don't even see advertising on his site.
What Adecco did is sleazy and dishonest. But you do have to take some minimal (and cheap) measures to actually protect your business. And nothing will protect you from competition.
Re: (Score:3)
If you use it in commerce and it is sufficiently distinct, it's trademarked, it just isn't a registered trademark.
Re: (Score:2)
If you don't register it, your protections are more limited. You still need to indicate an unregistered trademark with "TM". And you actually need to use it to identify a product or service.
Re: (Score:2)
True, but the protections are sufficient that someone else in your business cannot legally co-opt the mark.
Re: (Score:2)
Trouble is, I don't see any business offered on his site. There aren't even ads, let along paid services. That makes getting a trademark iffy (at least in the US).
Why is anyone surprised? (Score:5, Insightful)
Why is anyone surprised? Adecco's entire business model is profiting off the labor of others.
Re:Why is anyone surprised? (Score:4, Informative)
You're telling me that a company that uses more than 650,000 partially-employed associates [adecco.com] to design "creatives" satisfying 100,000 clients at any given time, is not taking a scrupulous, careful, original approach to designing marketing campaigns?!
Re: (Score:3)
I'm shocked. Shocked, I tell you. I have actually not heard of Adecco. Should I have? Should I trust an anonymous coward?
Of course not, you posted a link so I can evaluate your statements. Oh that wasn't you, Trepidity (597) posted a link to The Adecco Group's home page. Which, as I see it, is propaganda, not truth.
Lots of things linked to lots of stuff, by some group... What is your point?
Honestly, this is my question. I have not heard of this company, and you posted nothing. another reply posted
Not to be a detail nazi, but... (Score:2, Insightful)
How was he fired exactly? I totally get that he got screwed and all, but I don't see how this led to a firing in any stretch of the imagination.
Re: (Score:2)
It's a bit of hyperbole. I think he's saying he was "fired" because he's been spending so much time dealing with this that he doesn't have the time or energy left to do the job.
Re: (Score:3)
*Bit* of a hyperbole... "I haven’t been able to write a new post in over a month while dealing with this — my creative energy has been zapped."
So, he couldn't write *anything* in an entire month because of this? I can see a couple of days, but at this point that's really his problem.
Off topic (Score:3)
I would send anyone to addeco, when I had a brief period of unemployment in 2011 I went to addeco, dream jobs? Hell you are lucky if they can find you anything even if your sitting in their office all day, saying I will do any work as long as its not against the law!
Re: (Score:2)
in fairness I went to randstad, a week later I got sourced to a job that I have been with for just over 2 years now, as a lab tech in an electronic engineering department. Exactly what I am qualified for in electronics when I took the position, and making a pretty decent living at now as I climb the ladder.
Addeco couldnt even get me a box monkey warehouse job at the macy's distro point during Christmas
you have to do much more than just send in a chunk of paper, but with addeco, its a unpaid full time job ju
FYI (Score:5, Informative)
Willful copyright infringement for commercial gain is a criminal offense under 17 U.S.C. Â 506 and 18 U.S.C. Â 2319
If the value of the reproduced works exceeds $2500 it is a felony.
Re: (Score:2)
Now who do we report this to, then?
Re: (Score:2)
The FBI or a United States Attorney.
Re: (Score:3)
Who will tell you that they are way too busy with helping the MPAA, RIAA, and other important campaign donors.
Re: (Score:2)
Re: (Score:2)
and some marketing intern does the time but $0.13 an hour in prison job is better then $0
Re: (Score:2, Informative)
Copyright is *not* trademark. Same as trademark is not a patent.
1. patent
2. copyright
3. trademark
All are different laws. The company in question is breaking trademark laws. They are not braking copyright laws AFAIK. They are not breaking patent laws AFAIK.
The solution is as simple as saying "Around the world in 96 jobs". But I guess the company is too cheap to pay 2 extra people?
Official Rules: No Infringing, Copying Tolerated (Score:5, Interesting)
Contest Rules [adeccowaytowork.com]: "Participants warrant and agree that their entry, including all content of the entry will at all times be (a) the original independent creation of the participant submitting it, (b) exclusively and solely owned by the participant (including the copyright therein), and (c) free of any claims, including copyright or trademark claims by other parties. Participants further warrant and agree that their entry, including all content of the entry, in whole or in part (a) does not and will not infringe any third party rights (including intellectual property rights or rights of privacy, publicity or confidentiality), (b) has been created by the participant and if the content features a person other than the participant, the person(s) featured in the content (and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence) must have consented to their image being used in connection with this contest, and (c) is not unlawful, fraudulent, defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, insulting, scandalous, inflammatory, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication or objectionable."
Re: (Score:2)
(Score:5, Ironic)
Send them a message (Score:4, Informative)
At https://www.adeccowaytowork.com/en/contact [adeccowaytowork.com]
For example:
You disgust me. I expect never to make use of your services, either looking for my next position, or when I am part of the hiring process where I work.
As an active web developer with a strong network built up over 15 years in the industry, I intend to make sure the details of your parasitic behaviour are shared as widely as possible. Everybody who works in the digital economy will see this as a crime that could have been perpetrated on themselves.
I will encourage everyone I can to see themselves as a potential victim of such cavalier behaviour and to boycott your services therefore. I know how many of my colleagues already despise the way big business flouts IP laws, whilst simultaneously using these same laws to crush players too small to afford protracted legal battles.
You are in a service industry and person you have just ripped off is the archetypal representative of your customer. I can only hope that the impact on your bottom line is what it deserves to be. I will do what I can to encourage everyone to make it so.
http://tech.slashdot.org/story/13/06/22/2316215/how-i-got-fired-from-the-job-i-invented [slashdot.org]
Yours sincerely,
[name redacted]
Incidently their twitter feed is interesting reading at the moment. As is their facebook page.
Dude (Score:2, Insightful)
seems obvious (Score:2)
email to Adecco (Score:2)
Re: (Score:2)
Adecco statement on their Facebook page (Score:2, Interesting)
https://www.facebook.com/AdeccoWayToWork
We have seen and heard your sincere concern about our recent youth employment initiative and take your feedback very seriously. We deeply regret if we hurt Turner Barr. This was never our intention when we set up our “Around the World in 80 Jobs” contest. We clearly see that Turner is an inspiration to many people. We feel there should be more of such initiatives that inspire people to live their dreams and achieve their ambitions. Unfortunately, we moved
Re: (Score:2)
Every Addeco post has a slew of negative comments related to the theft of Turner Barrs idea.
I wonder how long it will take for them to figure out that the Internet won't forgive or forget until they do the right thing...
An intern didn't do this (Score:3)
Their claims that "an intern did this" on their twitter feed are a laughable, bald-faced lie.
No intern would be able to independently put together a marketing campaign like that, complete with video.
Admit it dude, you're thrilled by the publicity. (Score:2, Troll)
You're obviously no fool, and you know this is the best thing that's ever happened to your blog. Youtube videos that you posted a mere two months ago are showing less than 100 views, but your most recent one where you discuss this issue has 23,000 views. I understand why you're acting so glum -- it should sweeten the "pain and suffering" damages you'll eventually get -- but not all of us are fooled by the act.
I'm not saying I blame you a bit, just that I'm not buying the "woe is me" schtick.
Why is this surprising? (Score:2, Informative)
Here's a thought... (Score:2)
Corporate Personhood (Score:3, Interesting)
Re: (Score:3, Interesting)
That beard.. (Score:3, Interesting)
Re:George Zimmer? (Score:5, Informative)
Apparently from Adecco:
"We have seen and heard your sincere concern about our recent youth employment initiative and take your feedback very seriously. We deeply regret if we hurt Turner Barr. This was never our intention when we set up our "Around the World in 80 Jobs" contest. We clearly see that Turner is an inspiration to many people. We feel there should be more of such initiatives that inspire people to live their dreams and achieve their ambitions. Unfortunately, we moved forward with a name and contest that clearly upset Turner and his community. We sincerely apologize for that mistake.
When Turner contacted us about his concern, and we understood the full situation, we immediately engaged with him to try to make things right. Unfortunately, we have been unable to find common ground so far.
Most of all, we are sorry that an initiative we truly care about - youth unemployment - has been negatively received."
Re:George Zimmer? (Score:5, Insightful)
In other words, "we told him we'd buy out all the rights in exchange for a snickers bar and a firm handshake, but much to our surprise he turned our generous offer down, so it's his fault"?
Re:George Zimmer? (Score:5, Insightful)
Re: (Score:2)
With lawyers.
I guaranteed that they'll end up suing Barr. For something. It doesn't really matter what, as long as he can't afford to defend himself.
Re:George Zimmer? (Score:5, Interesting)
I guaranteed that they'll end up suing Barr. For something. It doesn't really matter what, as long as he can't afford to defend himself.
Here would be an interesting usage of crowd funding
Re:George Zimmer? (Score:5, Insightful)
Unfortunately, we moved forward with a name and contest that clearly upset Turner and his community.
You didn't "move forward", you mealy-mouthed bastards. You stole his IP.
we immediately engaged with him to try to make things right.
You incredibly ignorant twats. Making it right would be immediately ceasing to use his IP.
Re:George Zimmer? (Score:5, Interesting)
God what a smug lawyered-up non-apology. It is all about deflecting blame and nothing about actually accepting responsibility. Hell, by the end they are practically blaming the victim for not only what they did to him, but for hurting his own cause. It is hard to imagine a more arrogant response.
Do they honestly think such crap will do anything other than fan the flames higher? Does this shit work on anyone?
Re: (Score:2)
I like working in a place where our VP sits in the same fishbowl as the rest of us, and wears a polo shirt and jeans.
In fact, while I've seem him dressed and made up look like the front man for Rammstein (in the office, yet), I've never (in 6+ years) seen him in a suit (not even in the office).
If you knew where I worked, you'd never believe me in a million years, either. :)
Re: reminded me of a Canadian Cartoon (Score:2)
Re: (Score:3)
Re: (Score:2)
ProTip: If he's been making money from it, it's not a hobby.
Re: (Score:3)
Isn't there also something like "trademark through use"? He's been using the phrase for ages, and has the domain registered in his name for a long time - that should have some value (and if it doesn't, it's damn well time it did IMHO).