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Sunday, May 07, 2006

Wal-Mart patent smiley face

Posted by Harsha

wal-mart logo
Whether you are playing MineSweeper game or exchanging your emails or using Yahoo Messenger, we always see yellow Smileys which always help all to exchange happiness and puts smile on the faces.

Wal-Mart uses smiley face everywhere from staff uniforms, their handbags, shopping carts and even promotional ads. But things just got a little bad as Walmart had staked a claim for the smiley face logo.

Smiley face is available in the public domain but Wal-mart claim that Smiley is distinctive and that most people associate the yellow happy face with them. It is in a patent battle with London based SmileyWorld over the rights to the Smiley Logo.

But this is what Wal-Mart lawyers see when they gaze into Mr. Smiley's eyes, according to one of their legal filings:
"The 'smiley face' design is comprised of a circle, within which appears two dots, parallel to each other and in the upper third of the circle, approximating eyes in a human face, and an upturned parabola in the lower third of the circle, approximating a smile on a human face. The design appears sometimes with, sometimes without, lines perpendicular to the corners of the 'smile' element. It is usually represented in the color yellow."
LA Times | BBC

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