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» Debate » Walmart Trademarks Smiley Face
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Symmetry    Topic opened May 09, 2006, 08:33:13 AM
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Here

Doesn't seem like a good PR move to me.  I'm actually not that upset since a trademark isn't nearly as bad as a patent or copyright - there's nothing preventing more than one group from having a trademark on the same image so long as they use for instance.  Still, it does seem awfully messed up in its way.
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Starlock Reply #1 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 08:41:43 AM
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"Lady, you're my kind of stupid."
They should use this one.

trans_wallpaper04_t.jpg (3.31 KB, 200x150 - viewed 193 times.)
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"I used to be a superhero."
"What happened?"
"I got married."
Hippie Reply #2 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 08:44:06 AM
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I don't think they're going to win this one. Didn't Amazon do something similar by trying to patent one-click shopping? They lost the case.

Edit: Correction - Amazon didn't lose the case. I was thinking about when the court of appeals lifted an injunction that kept Barnes & Noble from using 1-click shopping. Amazon was ultimately granted the patent for 1-click shopping.
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Please bring me a pony and a plastic rocket.
Majestrix Reply #3 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 08:49:40 AM
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I'd love to see them use the one from TransMet, and then I'd love to see what Warren Ellis would do to them.
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NoxEquites Reply #4 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 09:19:09 AM
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I make shiny things, you need them.
What about the smiley with the bleeding bullet hole?
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Majestrix Reply #5 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 09:35:49 AM
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The Sociopathic Queen Of Evil. And Ponies.
That's from Alan Moore's The Watchmen, and that will be my first tattoo.  Some day.
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She broke your heart and inadvertently led men to deviant lifestyles.
Zahnnie Reply #6 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 09:41:33 AM
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I *heart* pie (sexily).
People suck.
 Smile
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Starlock Reply #7 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 09:51:51 AM
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"Lady, you're my kind of stupid."
Yes, Z, ofttimes it's their only redeeming quality.


Maj, Nox, there's also another similar smiley from the movie Evolution.

"Have a nice end of the world."

th-1.jpg (1.87 KB, 60x90 - viewed 187 times.)
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"I used to be a superhero."
"What happened?"
"I got married."
Majestrix Reply #8 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 09:59:49 AM
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The Sociopathic Queen Of Evil. And Ponies.
Yeah, but dude, which one's cooler?

One is written by Warren Ellis.

One stars David Duchovny.

I'll let you figure it out.
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She broke your heart and inadvertently led men to deviant lifestyles.
Starlock Reply #9 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 10:06:48 AM
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"Lady, you're my kind of stupid."
It's a toss up.

I like the idea of fighting aliens with shampoo guns.  Don't you?
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"I used to be a superhero."
"What happened?"
"I got married."
Dral Reply #10 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 10:24:19 AM
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Ugh. Don't get me started on the appalling science in that movie. I nearly cried.
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Starlock Reply #11 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 10:26:36 AM
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"Lady, you're my kind of stupid."
Look, the movie was all about its laughability.

I recall it fondly because I took Cait to see it and we just laughed through the whole thing.
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"I used to be a superhero."
"What happened?"
"I got married."
Majestrix Reply #12 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 10:47:53 AM
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Yeah, but dude, Cait probably laughed because she was like, what, 9?  You laughed for a whole nother reason.
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She broke your heart and inadvertently led men to deviant lifestyles.
Starlock Reply #13 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 11:08:06 AM
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"Lady, you're my kind of stupid."
10.

Not the point.  She thought I was laughing at whatever she was laughing at.
Regardless, it was a fun day together, and that's what really mattered most.

Git.
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"I used to be a superhero."
"What happened?"
"I got married."
Majestrix Reply #14 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 11:19:10 AM
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The Sociopathic Queen Of Evil. And Ponies.
You know, you like to come across as tough and mean, but you really are just a sentimental git.  It's almost cute.
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She broke your heart and inadvertently led men to deviant lifestyles.
Zahnnie Reply #15 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 01:46:07 PM
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I *heart* pie (sexily).
Back vaguely on track...

Maybe they can copyright the specific smiley image they use, but the concept of a smiley face is too widespread.  Heck, AOL would duke it out with them over AIM smileys.
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Gudy Reply #16 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 02:30:36 PM
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JC Chasez in a Dr Huxtable sweater
Sure, they can copyright their specific smiley, for a certain range of products. And then they can sue every other retailer in the country who uses a smiley because the design is "similar" to theirs and either plays off the good image of their brand or dilutes their trademark (or so they'll argue)

You'd still be free to use a smiley in private email or IMs, but appropriateness aside, commercial correspondence would be much more of a grey zone...
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Symmetry Reply #17 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 02:46:10 PM
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Um, don't worry nobody is trying to copyright the smiley face.  Whats happening is that Wallmart is trying to register it as a trademark, meaning you can still make smiley face T-Shirts or whatever, but you couldn't use smilies to advirtize your business if there is any danger at all of the store then being confused with something Wallmart affiliated.
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'Because ten billion years' time is so fragile, so ephemeral... it arouses such a bittersweet, almost heartbreaking fondness.'
etphonehome Reply #18 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 04:28:14 PM
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So, now Walmart would be the only entity allowed to use a smiley face in connection with selling goods in a retail store? I don't see how that's much better.
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My 2¢.
K Reply #19 in Re: Walmart Trademarks Smiley Face — Posted May 09, 2006, 04:33:16 PM
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No, Walmart would be the only entity allowed to use the smiley face in connection with something that appears to be affiliated with Walmart. It could be used a store called, say, "Kevin's Grocery," but not at "Wollmart" or "Sam's Place."

Leastways, that's what I gather.
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