Law-Forums.org

[nann]

Last year, Wal-Mart tried to get trademark/copyright to the venerated Smiley Face, but a Frenchman already claimed to have worldwide rights. US Patent & Trademark Office was supposed to rule last August.

I've searched, seen all the press accounts PRIOR to last August - but I can find nothing about how that case ended up.

Never mind that the creator of the Smiley Face, a man named Ball, deliberately sought to keep it in the public domain for perpetuity - seems Wal-Mart, the Frenchman, and maybe the USTPO don't care.

Anyway, does anyone know for certain whether I can use the Smiley Face for commercial purposes without risk of a credible law suit?

[bercnan72]

What do you want to use it for? If it is something national, and is called to attention by whoever has the rights, then don't use it. But if this is something local, i don't see how they would even know. And can't you tweak it a bit so that it is not the said 'smiley face' of the Frenchman, or wal-mart?