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Wal-Mart Trying to Trademark the Smiley Face
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."
Despair Inc. already has the frowny emoticon trademarked.
I'm a signature virus. Please copy me to your signature so I can replicate.
Harvey R. Ball invented the yellow smiley in 1963 for a life insurance company. He was paid $45.
This space available.
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
The universe would not allow such a coincidence. The guy's name, according the the article, is actually John Simley.
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.
The truth shall set you free!
SCM
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.