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May 07, 2006

Turn that frown upside down?

Dare we say – could Walmart be turning that frown upside down?

It appears that Walmart is opposing (PDF complaint 219 KB) Mr. Loufrani’s registration (U.S. Serial No. 75–977,376) of the iconic smiley face image. Sacrebleu!

Of course, Walmart call their mark a “happy face” rather than a “smiley face” – can you smile without being happy afterall?

As long as they leave my Jeep smiley alone… let them all eat cake!

For decades, the yellow happy-face symbol has encouraged millions to smile.

The smiley face and "Have a Nice Day" helped to define the '70s. With two dots and a pencil stroke, schoolchildren have brightened handwritten messages by filling in their O's with mini-smileys. These days, nary a cheery e-mail is complete without a typographical smile.

But now a bitter legal battle over smiley could be enough to make the happy little symbol frown.

Wal-Mart Stores Inc., which uses a yellow happy face to try to put its shoppers in a carefree mood, is saying -- with a straight face -- that it has exclusive rights to the familiar image, at least among retail department stores. (Via the Redding: Business News)

Posted by Douglas Sorocco at 08:37 AM.
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