Wal-Mart Seeks Smiley Face Rights

BBC Business News

Over the past few years Wal-Mart has had its fair share of legal trouble. This time they find themselves in a dispute over the trademarking of the company's ubiquitous logo, the smiley face. Since 1996, Wal-Mart has used this image in the United States on their uniforms, commercials, and promotional signs. Until recently, Wal-Mart had never thought to try and trademark the smiley face because it had always been part of the public domain in the United States. Now however, Franklin Loufrani, alleged smiley face inventor, wants to trademark the logo in the United States and charge Wal-Mart for its use. Loufrani owns a London based company named SmileyWorld that owns the rights to the image in over 80 countries internationally. SmileyWorld and Wal-Mart are now battling it out before the US Patent and Trademark Office. Wal-Mart wishes it did not have to engage in this dispute but understands the logo's importance to its company. Wal-Mart spokesman John Simley said, "It is kind of ironic that this whole dispute is about a smiley face. 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." It is clear by Wal-Mart's actions, just how important a company's logo can be. It also goes to show just how careful one has to be in this age of consumerism to clearly mark what belongs to you, and what belongs to the public.

~Hannah Dilworth