Wal-Mart Will Slap That Smiley Right Off Your Face

Luke T.

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May 2, 2003
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14,716
Did you know this - :) - is trademarked?

A Frenchman's trademark claim forces the retailer to go to bat for 'Mr. Smiley,' its version of a '70s icon.

And now:

Wal-Mart Stores Inc., which uses a yellow happy face to try to put its shoppers in a carefree mood, is saying — with a straight face — that it has exclusive rights to the familiar image, at least among retail department stores.

Linkey

:(

Where's Sundog when you really need him? I know how much he loves Wal-Mart, and would love to hear his defense of them for this one. :p

Smiley. Trademarked.

:)

Ka-ching!

:)

Ka-ching!

How's he getting the money? :cs:

Will there be a new forum rule not to use smileys since they are trademarked?

:hit:
 
Did you know this - :) - is trademarked?
Think I'll head on over to the Patent and Trademark Office and get the one-fingered salute trademarked...

Then next time someone gives me the finger for running him off the road, I can make him pay for the privilege.
 
Wait, I'm confused. Is it possible for Wal-Mart to have trademarked someone else's work?

Harvey R. Ball, inventor of Smiley Face, dies at 79
By The Associated Press
WORCESTER -- Harvey R. Ball, whose simple drawing of a yellow, smiling face became a cultural icon, died Thursday after a short illness. He was 79.
Ball, co-owner of an advertising and public relations firm in Worcester, designed the Smiley Face in 1963 to help ease the acrimonious aftermath following the merger of two insurance companies.
A vice president ordered a "friendship campaign" to ease tensions between the bickering workers and hired Ball to come up with a suitable graphic for a button.
"I made a circle with a smile for a mouth on yellow paper, because it was sunshiny and bright," he recalled in a 1996 interview with The Associated Press. Then, he turned the drawing upside down and the smile became a frown.
Deciding that wouldn't do, Ball added two eyes and the Smiley Face was born.
"There are two ways to go about it," he said. "You can take a compass and draw a perfect circle and make two perfect eyes as neat as can be.
"Or you can do it freehand and have some fun with it. Like I did," Ball said. "Give it character."
Ball was paid $45 for his artwork by State Mutual Life Assurance Cos. of America -- now Allamerica. And that's all he ever made from the ubiquitous yellow face.
"I had no idea it would take off like it did," he said. The first order was for 100 buttons. Within weeks the buttons were being made by the thousands within months they were selling by the millions.
He never applied for a trademark or copyright, but said he never had any regrets.

Edit: Added link. http://www.s-t.com/daily/04-01/04-14-01/a04wn028.htm
 
Will there be a new forum rule not to use smileys since they are trademarked?

Wal-Mart Stores Inc., which uses a yellow happy face to try to put its shoppers in a carefree mood, is saying — with a straight face — that it has exclusive rights to the familiar image, at least among retail department stores.

Unless the forum is also a retail store, I think we're okay.

:catfight:
 
The next thing you know, they'll be trade-marking swastikas as well ...

Charlie (you vill shop at Valmart) Monoxide
 
Well that's nonsense. Everyone knows that the Martians invented the smiley when they made that big face on Mars.
 

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