Wal-Mart suing for exclusive US rights to the "yellow smiley face"!

EllisDTripp · May 8, 2006

Just corporate AmeriKKKa's way of saying "Have a Nice Day"?

http://news.bbc.co.uk/2/hi/business/4984138.stm

Wal-Mart seeks smiley face rights
Wal-Mart is embroiled in a legal dispute over the smiley face image which it wants to trademark in the US.

A Frenchman who claims to have invented the yellow smiley face back in 1968 is opposing the US retail giant's move.

For some, the image is a reminder of 1970s counter-culture, for others, a useful shorthand when sending e-mails.

But since 1996, Wal-Mart has used the image in the US on uniforms and promotional signs, and it wants sole rights to it in the US retail sector.

Global rights

Franklin Loufrani - just one of a number of people who profess to have invented the image - has marketed the sign since the early 1970s.

It's a mark that we have a tremendous investment in and is very closely identified with our company
Wal-Mart

He and his London-based company SmileyWorld today own the rights to the logo in more than 80 countries around the world.

The US is not included in this list, and SmileyWorld and Wal-Mart are now at loggerheads before the US Patent and Trademark Office.

A final decision is expected in August.

Ironic

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.

"It is kind of ironic that this whole dispute is about a smiley face," said Mr Simley.

"But in the end, it is what it is: it's a mark that we have a tremendous investment in and is very closely identified with our company."

SmileyWorld said it did not have anyone who could comment on Monday.

Disputed creation

The authorship of the smiley face is hotly disputed.

While Mr Loufrani says he came up with the image in 1968, American Harvey Ball contends that he first designed the logo in 1963.

Mr Ball, a Massachusetts graphic artist, claims he devised the cartoon to cheer up disgruntled staff at a newly merged insurance firm.

Another American, Seattle-based advertiser David Stern, also claims to have invented the image.

Mr Sterns says he devised the sign in 1967 as part of an advertisement campaign for financial services firm Washington Mutual.

Both Mr Ball and Mr Stern further say that they did not think of trademarking the image at the time.

Since the 1970s, the smiley face has been adopted by a number of different groups.

It appears on number plates in the US state of Kentucky, has featured on an American postage stamp and was the unofficial symbol of the late 1980s acid house dance music movement.

The image was also spoofed in the 1994 movie Forest Gump, in which the title character inadvertently comes up with the logo by rubbing his wet and dirty face on a white T-shirt.
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EMMAh · May 8, 2006

Hahah what a waste of time, it's just a fucking smiley face.

Nathan11 · May 8, 2006

Wal-Mart wasn't even going to try to register it until SmileyWorld did.

Dr Phibes · May 9, 2006

WOW - Disillusionment !
I thought it could have at least been a really cool
outfit that sued for the logo - like a really
tripped out group of techno rave artists,
but WALMART!?? WTF?

AreYouExperienced · May 9, 2006

They did it so they could brand all their new employees with a big smiley face on their forehead.

gary.newelluk · May 10, 2006

AreYouExperienced said:

They did it so they could brand all their new employees with a big smiley face on their forehead.
Click to expand...

No they would paint paper plates yellow. draw on a smile and cut out eye holes and make the staff wear them with a bit of elastic around their heads.

The world has gone mad. I'm seriously thinking of patenting air and then charging everyone to breathe it.

NovaStarwind · May 11, 2006

That's crazy... I don't know what I will think if wal-mart owns the yellow smiley face. It makes me imagine a future where I show my old smiley face ring that I got when I was a little kid to my OWN kid, and he/she says, "What a cool Wal-mart ring!" Scary.

~Nova

Soberbeah · May 11, 2006

Forrest Gump trademarked it

Bumble · May 11, 2006

it figures! why am I not surprised?

littleplanet · May 25, 2006

Well, I hate smileys, always have.
However, I'm not given to kicking puppies and stealing candy from babies.
There's something just too perfect about Wallyworld wanting to own this bit of insidious, pervasive plasticised goo, too.
Of course the damned thing is part of the public domain (I wish it was privatized right out of existence!)
This is kind of like a knock coming on the door while your kid's birthday party is in progress - asking for a royalty fee when they all sing "Happy Birthday to You."
I'll go them one better, though.
Since this smiley always smiles - how about tacking a royalty on a smile, period?
(Imagine the profits!)

Duck · May 25, 2006

it's not like they are going to win =/

Beckner420 · May 25, 2006

Its just walmarts new self advertising logo. McDonalds has the golden arches, clown... Companies are doing the shit all the time. Someone should burn a walmart down.

Inquiring-Mind · May 26, 2006

lol

Green · May 26, 2006

Beckner420 said:

Someone should burn a walmart down.
Click to expand...

I was seriously considering getting a large group of people to rip one apart, and if it went well we would move on to others.

It'd be a waste of time though and I'd wind up in jail for life.

free2fly · May 26, 2006

lol ... i was going to say that if nobody else had... *grin*

Soberbeah said:

Forrest Gump trademarked it
Click to expand...

Night_Owl49 · May 27, 2006

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.
Click to expand...

haha. the spokesman can spell "smiley" with the letters of his last name.

Duncelor · May 29, 2006

Yeah, that's pretty fucking stupid.

I don't see what they hope to gain from that.

Rebel_1 · May 31, 2006

EMMAh said:

Hahah what a waste of time, it's just a fucking smiley face.
Click to expand...

I agree this is totally stupid.

IllusoryFreedom · May 31, 2006

I was wondering how long it would take Walmart to try to trademark the smiley face...

I call trademark rights on peace sign!

boothy · Jun 7, 2006

TERMS AND CONDITIONS
Existance is a registered legal copyright of Josh Booth (boothy), authorised 2006. Any person, animal, other living orgasm or any gas, solid or liquid objects existing without having paid the required royalty fees is breaking the law under the copyright infringment act 1963.

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Wal-Mart suing for exclusive US rights to the "yellow smiley face"!

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Wal-Mart suing for exclusive US rights to the "yellow smiley face"!

EllisDTripp Green Secessionist

EMMAh Senior Member

Nathan11 Hip Forums Supporter HipForums Supporter

Dr Phibes Banned

AreYouExperienced American Victim

gary.newelluk Member

NovaStarwind Member

Soberbeah Member

Bumble Senior Member

littleplanet Member

Duck quack. Lifetime Supporter

Beckner420 troll

Inquiring-Mind Senior Member

Green Iconoclastic

free2fly Members

Night_Owl49 Since 2006

Duncelor Member

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IllusoryFreedom Member

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