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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."

1 of 317 comments (clear)

  1. Two issues here by the_humeister · · Score: 0, Offtopic

    1) Why didn't the originator copyright it in the USA? This leads to . . . 2) How can Wal-mart try to copyright it in the USA when the government considers it public domain?