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Wal-Mart Trying to Trademark the Smiley Face

Posted by ryuzaki0 on from the :)-prior-art dept.

Ellis D. Tripp writes to tell us BBC News is reporting that mega-retailer, Wal-Mart, is now fighting it out with a man who claims to have invented the 'smiley face' logo, and has been marketing it since the '70s. From the article: "Until now the smiley face had been considered in the public domain in the US, and therefore free for anyone to use. Wal-Mart spokesman John Simley told the Los Angeles Times that it had not moved to register the trademark until Mr Loufrani had threatened to do so."

33 of 317 comments (clear)

  1. I thought it was invented by by kahanamoku · · Score: 5, Funny

    Forest Gump?

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    ----- Concentrate on promoting more than demoting.
    1. Re:I thought it was invented by by thedogcow · · Score: 4, Funny

      YEOWCTLG? Funny, that is the same noise my cat makes when she coughs up a furball.

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      Yes! I listen to NYC Speedcore and do math at 3AM. I suggest you try it too.
    2. Re:I thought it was invented by by Anonymous Coward · · Score: 1, Funny
      *PHEW*

      I'm glad the tongue wasn't what I thought it was going to be...

    3. Re:I thought it was invented by by Anonymous Coward · · Score: 1, Funny

      You read TFA??? You must be new here.

  2. Heh by poopdeville · · Score: 1, Funny

    John Smiley. There's no irony there. But it is a conincidence. Or maybe a conspiracy.

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    After all, I am strangely colored.
    1. Re:Heh by From+A+Far+Away+Land · · Score: 3, Funny

      So you agree it's a coverup then? ;-)

      "Wal-Mart spokesman John Simley"

      Cost of a spokesperson : $40K a year
      Cost of a spokesperson with a name that sounds like an advertising gimick of the company: Priceless.
      For everything else there's Walmart Visa cards.

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      Oh You POS
  3. My reaction by way2trivial · · Score: 4, Funny

    :(

    That's it... (cat filter)

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    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:My reaction by eosp · · Score: 1, Funny

      Also trademarked: http://www.despair.com/

    2. Re:My reaction by nrlightfoot · · Score: 3, Funny

      I have trademarked the frowny face emoticon, expect to hear from my lawyer soon.

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      what sig?
    3. Re:My reaction by BungeBash · · Score: 3, Funny

      Is this your lawyer? :-$

  4. :( Sad Sad by foundme · · Score: 4, Funny

    Whatever the outcome, I'm sure the loser will be entitled to use the SaddyFace.

    And since this is a trademark dispute, can't SmileyWorld keep selling its smiley icons while Wal-Mart keep sellings its items. I don't see a dispute here unless Wal-Mart employees start smiling.

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    Please stop entering code 2,2,7,6,6,4
  5. Simley? by virgil_disgr4ce · · Score: 5, Funny

    In the article, the spokesman's name is Simley. Why is it an anagram of smiley??? WHY?!

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    Limina.Log
  6. Everybody sing along! by menace3society · · Score: 3, Funny

    Don't worry... be litigious....

  7. As the Comic Book Guy would say... by thedogcow · · Score: 4, Funny

    There is no emoticon for how I am feeling.

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    Yes! I listen to NYC Speedcore and do math at 3AM. I suggest you try it too.
    1. Re:As the Comic Book Guy would say... by Anonymous Coward · · Score: 2, Funny

      }}}:(

  8. Ultimate Trademark Dispute?? by foundme · · Score: 3, Funny

    Threesome

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    Please stop entering code 2,2,7,6,6,4
  9. Pointless "prior art" by jnadke · · Score: 5, Funny

    I've been producing shit since I was born, but you don't see me suing Slashdot.

  10. All I have to say is... by Lazarian · · Score: 2, Funny

    :(

  11. Who Watches the Walmartmen? by aapold · · Score: 2, Funny

    Alan Moore should hold rights to it, but he'd just sign them over to Dave Gibbons anyway....

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    "Waste not one watt!" - CZ
  12. Change-up by cei · · Score: 5, Funny

    In a deft move by Wal-Mart spokesman John Simley, Wal-Mart mistakenly trademarks the Simley face.

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    This sig intentionally left justified.
  13. Are they JOKING?!? by eander315 · · Score: 1, Funny
    from the article: "It is kind of ironic that this whole dispute is about a smiley face," said Mr Simley."

    Wahahahahahahaha!!!!!!11

    He obviously doesn't understand the meaning of ironic.

  14. Re:Spelling matters by digitalhermit · · Score: 2, Funny

    True, true... Now that would be different if Thomas Crapper *did* really invent the flush toilet.

  15. Re:Spelling matters by femto · · Score: 2, Funny

    Yes it would. Just ask Cardinal Sin (At least you could have asked him until he died last year. RIP).

  16. slashdot trademarks by cashman73 · · Score: 5, Funny

    Has CowboyNeal filed the trademarks for the "/" and the "." yet? One would think that would be an excellent money-making opportunity for slashdot.

  17. Re:Oops.. by Anonymous Coward · · Score: 1, Funny

    Your username + the file on the desktop named "johnny_prolapsed_rectum.jpg"... I bet there's some unifying factor here, but I can't quite put my finger up it.

  18. I totally believe this guy by layer3switch · · Score: 3, Funny

    "A Frenchman who claims to have invented the yellow smiley face back in 1968"

    After all, this is a very well known fact that only Frechman is capable of being yellow AND have a smiley face. Fact proven during WWII, case closed. Give the patent to the Frechy.

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    "Don't let fools fool you. They are the clever ones."
  19. No it's not by Anonymous Coward · · Score: 1, Funny

    eloquence. a collection of lawyers is "a whole eloquence of lawyers." collective nouns are weird.

    No, the correct term apparently is a pack, gang or sneak of weasels, or possibly a boogle or confusion of them:
    http://rinkworks.com/words/collective.shtml
    http://www.hintsandthings.co.uk/kennel/collectives .htm
    http://dictionary.reference.com/writing/styleguide /animal.html

  20. Re:Yet another reason to shop elsewhere by uncqual · · Score: 2, Funny

    Lord knows, they are probably incestuous and recursive and using reiserfs - who knows what fsck would uncover as it ran across the files intended to be mounted via loopbacks... That would truly be a CF.

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    Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  21. In related news by edwardpickman · · Score: 1, Funny

    Walmart files trademarks on the terms "Low Prices", "Lowest Price" and "Rock Bottom Price" as well as "Low Price Guarantee". In ironic news they also plan to file for trademark status on the term "Made In America". Given their lack of American made products the last trademark is some what in doubt.

  22. Re:Despair Inc. beat you to it by Bega · · Score: 2, Funny
    Despair Inc. already has the frowny emoticon trademarked.
    How fitting for them to have a trademarked emoticon.

    Bye bye karma.
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    THIS IS THE INTERNET. PLEASE PICK UP YOUR SERIOUS BUSINESS SUIT AT THE FRONT COUNTER.
  23. Re:This reminds me of.... by geoffspear · · Score: 2, Funny
    And, more importantly, the USPTO claims that Microsoft has a trademark on "Windows", too.

    Guess who wins in the argument about who can or cannot legally trademark something between the USPTO and some guy on Slashdot who hear from a friend who knows a guy who said that Microsoft couldn't trademark something?

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    Don't blame me; I'm never given mod points.
  24. Prior Art! by FhnuZoag · · Score: 2, Funny

    It's waaaay older than that.....

    http://www.esa.int/esaMI/Mars_Express/SEMMTFNFGLE_ 0.html

  25. Wait{er|resse}s sing something else by The+Monster · · Score: 2, Funny
    Have you noticed at restaurants, when the servers flock together to sing to a person having a birthday, instead of the proprietary 'Happy Birthday to You', they sing a different song entirely. I offer, under the GPL , this little ditty:
    Happy, happy birthday!
    We sing this song to you
    (We'd like to sing a different one
    But then we might get sued)
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    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.