Smiley wars

Wal-Mart is embroiled in a legal dispute over the smiley face image which it wants to trademark in the US.

A Frenchman who claims to have invented the yellow smiley face back in 1968 is opposing the US retail giant's move.

For some, the image is a reminder of 1970s counter-culture, for others, a useful shorthand when sending e-mails.

But since 1996, Wal-Mart has used the image in the US on uniforms and promotional signs, and it wants sole rights to it in the US retail sector.

Franklin Loufrani - just one of a number of people who profess to have invented the image - has marketed the sign since the early 1970s.
He and his London-based company SmileyWorld today own the rights to the logo in more than 80 countries around the world.

The US is not included in this list, and SmileyWorld and Wal-Mart are now at loggerheads before the US Patent and Trademark Office.

A final decision is expected in August.

Until now the smiley face had been considered in the public domain in the US, and therefore free for anyone to use.

Wal-Mart spokesman John Simley told the Los Angeles Times that it had not moved to register the trademark until Mr Loufrani had threatened to do so.

"It is kind of ironic that this whole dispute is about a smiley face," said Mr Simley.

"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."

SmileyWorld said it did not have anyone who could comment on Monday.