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From Apryl Duncan, Former About.com Guide to Advertising

Wal-Mart Wants to Trademark the Smiley Face

Monday May 8, 2006
Wal-Mart is in a battle to secure the trademark for the smiley face used in commercials, print and in-store. Frenchman Franklin Loufrani has been securing the smiley face trademark around the world since the 70s and has earned millions in licensing fees for the smiley since then. Wal-Mart officials say the company didn't plan on registering the trademark until Loufrani threatened to do so first. Mr. Smiley, the smiley face used in Wal-Mart's promotions, has been used since 1996 and in an unofficial, limited use before that. The U.S. Patent and Trademark Office will make a ruling over the dispute this summer.

More on the Smiley:

If you're wondering who the real creator of the original smiley face is, that credit goes to Harvey Ball. According to the L.A. Times, Ball was a Massachussetts graphic artist who was hired in 1963 to create a smiley after two rival companies merged.

The smiley's purpose was to end conflict between the employees. Ball was paid $45 for his efforts.

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