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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."

12 of 317 comments (clear)

  1. Despair Inc. beat you to it by Johnso · · Score: 4, Informative

    Despair Inc. already has the frowny emoticon trademarked.

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    I'm a signature virus. Please copy me to your signature so I can replicate.
  2. He had no claim by Jafafa+Hots · · Score: 4, Informative

    Harvey R. Ball invented the yellow smiley in 1963 for a life insurance company. He was paid $45.

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    This space available.
  3. Re::( Sad Sad by Anonymous Coward · · Score: 3, Informative

    Actually, the sad face is owned by despair.com
    http://www.despair.com/frownonthis.html

    See the actual posting at
    http://tarr.uspto.gov/servlet/tarr?regser=serial&e ntry=75502288

  4. Note to Wally world by SupahVee · · Score: 3, Informative

    Plastic Legos began production in 1963, they've had smiley faces on them ever since, Duplo's were introduced in 1967, they have smileys.

    Suck it.

    --
    "See, we plan ahead! That way, we never have to do anything now."
  5. Re:Two issues here by Russ+Nelson · · Score: 4, Informative

    You forgot to say "I'm not a lawyer, so you shouldn't listen to me."

    You can copyright a logo.

    --
    Don't piss off The Angry Economist
  6. Spelling matters by alanwj · · Score: 4, Informative
    Wal-Mart spokesman John Smiley

    The universe would not allow such a coincidence. The guy's name, according the the article, is actually John Simley.
  7. Re:Oops.. by Technician · · Score: 4, Informative

    You didn't read the name right just like I did on the first pass on the article.

    From the article "Wal-Mart spokesman John Simley told the Los Angeles Times"

    Smiley and Simley are not the same.

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    The truth shall set you free!
  8. Re:Two issues here by Stinky+Cheese+Man · · Score: 5, Informative
    They are not copyrighting the smiley - they are trademarking it. These are very different things.

    SCM

  9. The sad face :-( is already trade marked. by AKosygin · · Score: 3, Informative

    If I remember correctly, the sad face: :-(

    is already trade marked by Despair Inc.

    http://www.despair.com/frownonthis.html

    And it is already registered. So I don't see why one can't register a trade mark from the smily face.

  10. Re:IANAL, but you're still wrong by Anonymous Coward · · Score: 3, Informative

    Haha! Way to conveniently edit out the sentence that says "yes, you can copyright a logo." That showed him I bet!

  11. straight dope by Mahou · · Score: 3, Informative

    http://www.straightdope.com/classics/a4_031.html

    --
    if i'm not immortal, what's the point of living?
    ...te?
  12. Re:I thought it was invented by by lbmouse · · Score: 5, Informative

    This is a Trademark, not a patent or copyright fight. The brewers of Bass Ale didn't invent the word Bass, they just trademarked it in conjunction with their triangle logo. Trademark law is supposed to help the consumers by eliminating confusion in the market place.

    IANAIPL but my ex-wife is and she is always talking about how strange and vague trademark law can be. Her firm help trademark the shape of the Dean's Milk Chugs bottles. They used the Coca-Cola bottle product packaging trademark as the basis for their argument. So saying that consumers might be confused in the market place by a well known smiley face is not that odd or unethical.