Trademarking a smile

Looks like American mega-corp Walmart, having successfully co-opted the smiley symbol, is now intent on stealing it completely by acquiring it as a trademark.
Geeklawyer, never having shopped in Walmart, has never seen this grotesque parody of its original hippy meaning of love peace and happiness.

Whether they have a legitimate claim to it seems doubtful. It has been used by all and sundry since the sixties in popular culture commerce email communications, and on ecstasy tablets and many an associated rave poster. Where was Walmart when all this was going on? Is this symbol now associated predominantly with them and their goods and services? That seems more than slightly doubtful and a trademark cannot be well based.
From now on perhaps a licence fee will be needed to express online joy? :) Well come on, you knew the revolution was for sale surely?

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1 Comment »

Comment by David Cantrell
2006-05-11 22:59:36

I expect you have seen them use it, as their British subsidiary ASDA have used it in all their recent adverts on the brain-rotting machine.

 
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