Smiley face trademark litigation

It’s Wal-Mart versus this French guy whose lawyers go around the world claiming dibs on the use of the grinning yellow circle. Can’t they both lose? Or maybe better, both win, and obtain mutual injunctions against anyone at all employing the symbol? (Abigail Goldman, “Wal-Mart Vies for Right to Put On a Happy Face”, Los […]

It’s Wal-Mart versus this French guy whose lawyers go around the world claiming dibs on the use of the grinning yellow circle. Can’t they both lose? Or maybe better, both win, and obtain mutual injunctions against anyone at all employing the symbol? (Abigail Goldman, “Wal-Mart Vies for Right to Put On a Happy Face”, Los Angeles Times, May 7).

2 Comments

  • The yellow ball of Smiley face has been around since 1970. A girl I knew in college just loved the little guy and bought everything with it’s image on it.
    Since that is almost 35 years ago is’nt the Smiley face guy in public domain by now ?

  • It’s actually a little older than that. This 1993 effort by Cecil Adams lays out some handy info.