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."

Comments

The only way I can see this working for Wal-Mart

[Rachel Lucid]

There's no way they can copyright the 'smiley' face itself. They might be able to copyright their interpretation of it.

Wal-Mart's smiley face is a very distinctive one - the elongated eyes, the wide smile, the button-ised bevel around its edges, the ray-man-esque gloves. If they included its whistling personality and the song they use for the whistling, there is a GOOD chance they can copyright that specific interpretation of the smiley as a cartoon character, much in the way the Church of the Subgenius seems to hold the copyright for 'Bob's pipe-wielding visage, despite how common the image of a clean-cut 50's male with a pipe actually was in those times.

I think Wal-mart is full of shit here if they think they can claim they invented the smiley or patented its use in drumming up sales, but if they keep to that narrow interpretation I just described, they have a chance.

Re:I worked for walmart .....

[nosredna]

It's been a long time since I've been in a 24-hour store in the wee hours and seen the employees smiling (excluding of course the stoned guy running the drive-thru at Taco Bell, or anything involving floor buffer races). I'd blame the simple fact of working third shift in a retail chain before blaming management completely.

That's not to say that the management had nothing to do with it, of course, but not many people are gonna be doing a lot of smiling while restocking the toilet-paper aisle and directing the latest group of stoners to the Doritos, regardless of the management.

Re:The Patent System Needs an Overhaul

[stuuf]

No, slashdot needs an overhaul. Happy Birthday is copyrighted, Wal-Mart is trying to trademark the smiley face, and now you mentioned patents for no reason. Those are three different things.