Editing Smiley (section)

==Ownership and alternative smileys==

In 1997, Franklin Loufrani attempted to trademark rights to the ideogram he created in the [[United States]]. [[Walmart]] contested his application, as it began using its "Rolling Back Prices" campaign a year prior. The fallout led to a 2002 court case, and a seven-year ongoing case.<ref>{{cite news| url=http://news.bbc.co.uk/2/hi/business/4984138.stm| date=8 May 2006| title=Wal-Mart seeks smiley face rights| work=BBC News| access-date=9 May 2006| archive-date=4 November 2012| archive-url=https://web.archive.org/web/20121104020132/http://news.bbc.co.uk/2/hi/business/4984138.stm| url-status=live}}</ref> The fallout resulted in Wal-Mart phasing out the use of the smiley in 2006.<ref name=" phase">{{cite journal| first =Mark| last = Kabel| date =22 October 2006| title =Wal-Mart phasing out smiley face vests| journal = Associated Press}}</ref><ref>{{cite journal| first = Richard| last = Williamson| date = 30 October 2006| title = The last days of Walmart's smiley face| journal = Adweek| url = http://adweek.blogs.com/adfreak/2006/10/the_last_days_o.html| access-date = 8 April 2024| archive-date = 2 January 2008| archive-url = https://web.archive.org/web/20080102074313/http://adweek.blogs.com/adfreak/2006/10/the_last_days_o.html| url-status = bot: unknown}}</ref> Despite that, Walmart sued an online parodist for alleged "trademark infringement" after he used the symbol. The District Court found in favor of the parodist when in March 2008, the judge concluded that Walmart's smiley face logo was not shown to be "[[Trademark distinctiveness|inherently distinctive]]" and that it "has failed to establish that the smiley face has acquired secondary meaning or that it is otherwise a protectable trademark" under [[United States trademark law|U.S. law]].<ref>{{cite web| url=http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=206| date=28 March 2008| title=Smith v. Wal-Mart Stores, Inc.| publisher=Citizen Vox| access-date=2 February 2011| archive-date=17 January 2013| archive-url=https://web.archive.org/web/20130117010411/http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=206| url-status=live}} The relevant text is in the Order granting summary judgment: Timothy C. Batten Sr., "ORDER" (21 March 2008)", section "B. Threshold Issue: Trademark Ownership", case "1:06-cv-00526-TCB", document 103, pages 15–19</ref><ref>Smith v. Wal-Mart Stores, Inc. - 537 FSupp2d 1302 - March 20, 2008 - https://h2o.law.harvard.edu/collages/14555 {{Webarchive|url=https://web.archive.org/web/20220914183931/https://h2o.law.harvard.edu/collages/14555 |date=14 September 2022 }}</ref><ref>Smith v. Wal-Mart Stores, Inc. - 537 FSupp2d 1302 - March 20, 2008 - https://www.dmlp.org/sites/citmedialaw.org/files/2008-03-20-Order%20Granting%20Summary%20Judgment.pdf {{Webarchive|url=https://web.archive.org/web/20221005213728/http://www.dmlp.org/sites/citmedialaw.org/files/2008-03-20-Order%20Granting%20Summary%20Judgment.pdf |date=5 October 2022 }}</ref> In June 2010, Walmart and [[The Smiley Company]] founded by Loufrani settled their 10-year-old dispute in front of the Chicago federal court. The terms remain confidential.<ref>[https://www.bloomberg.com/news/2011-07-01/sony-astellas-intel-apple-wal-mart-intellectual-property.html Sony, Astellas, Intel, Apple, Wal-Mart, Warner: Intellectual Property] {{Webarchive|url=https://web.archive.org/web/20240607183801/https://www.bloomberg.com/news/articles/2011-07-01/sony-astellas-intel-apple-wal-mart-intellectual-property |date=7 June 2024 }} Victoria Slind-Flor, 1 July 2011, Bloomberg. The case is Loufrani v. Wal-Mart Stores Inc., 1:09-cv- 03062, U.S. District Court, Northern District of Illinois (Chicago).</ref><ref name=109cv03062>{{Cite web |url=https://www.courtlistener.com/docket/5501354/loufrani-v-wal-mart-stores-inc/ |title=(Docket Entried and select Court filing) Loufrani v. Wal-Mart Stores Inc., 1:09-cv-03062, (N.D. Ill.)--CourtListener |access-date=7 October 2023 |archive-date=24 October 2023 |archive-url=https://web.archive.org/web/20231024025021/https://www.courtlistener.com/docket/5501354/loufrani-v-wal-mart-stores-inc/ |url-status=live }}</ref> In 2016, Walmart brought back the smiley face on its website, social media profiles, and in selected stores.<ref>{{Cite web|url=https://money.cnn.com/2016/06/02/news/companies/walmart-smiley/index.html|title=Walmart's Smiley is back after 10 years and a lawsuit|last=Smith|first=Aaron|date=2 June 2016|website=CNNMoney|access-date=18 January 2017|archive-date=18 January 2017|archive-url=https://web.archive.org/web/20170118230053/http://money.cnn.com/2016/06/02/news/companies/walmart-smiley/index.html|url-status=live}}</ref>

The band [[Nirvana (band)|Nirvana]] created its own smiley design in 1991.<ref name=smileynirvana>{{cite magazine |last1=Rosenbaum |first1=Claudia |title=California Graphic Artist Claims He, Not Kurt Cobain, Created Nirvana's Smiley Face Logo |url=https://www.billboard.com/articles/business/9454294/california-graphic-artist-claims-he-not-kurt-cobain-created-nirvana-smiley-face-logo |magazine=[[Billboard (magazine)|Billboard]] |date=23 September 2020 |access-date=21 June 2021 |archive-date=22 June 2021 |archive-url=https://web.archive.org/web/20210622090526/https://www.billboard.com/articles/business/9454294/california-graphic-artist-claims-he-not-kurt-cobain-created-nirvana-smiley-face-logo |url-status=live }}</ref> It was claimed that [[Kurt Cobain]] was the designer of the Nirvana smiley. Following his death, this claim was one of the reasons why it became so iconic. As recently as 2020, media reports suggested a [[Los Angeles]]–based freelance designer was in fact behind the designs.<ref name=smileynirvana />

Fashion house [[Marc Jacobs]] designed a smiley in 2018, which had a yellow outline, with the letters M and J replacing the eyes. The mouth design was similar to the original Nirvana design. In January 2019, legal representatives of Nirvana announced they were suing Marc Jacobs for a [[copyright|breach of copyright]].<ref>{{cite web |last1=Snapes |first1=Laura |title=Nirvana sue designer Marc Jacobs over alleged copyright breach |url=https://www.theguardian.com/music/2019/jan/03/nirvana-sue-designer-marc-jacobs-over-alleged-copyright-breach |newspaper=[[The Guardian]] |date=January 3, 2019}}</ref> Following the announcement by a judge in Los Angeles that the suit could move forward,<ref>{{cite magazine |title=Judge Allows Nirvana's Lawsuit Against Marc Jacobs to Proceed |url=https://www.rollingstone.com/music/music-news/nirvana-marc-jacobs-copyright-lawsuit-happy-face-912527/ |magazine=[[Rolling Stone]] |date=14 November 2019 |access-date=21 June 2021 |archive-date=24 June 2021 |archive-url=https://web.archive.org/web/20210624204901/https://www.rollingstone.com/music/music-news/nirvana-marc-jacobs-copyright-lawsuit-happy-face-912527/ |url-status=live }}</ref> Marc Jacobs announced a [[countersuit]] against Nirvana.<ref>{{cite web |title=Marc Jacobs countersues Nirvana in T-shirt copyright dispute |url=https://www.theguardian.com/music/2019/nov/28/marc-jacobs-countersues-nirvana-in-t-shirt-copyright-dispute |newspaper=[[The Guardian]]|date=28 November 2019 }}</ref> In 2020, a [[Los Angeles]]–based designer suggested that he was the creator of the Nirvana smiley and therefore became an interjector in the case between Nirvana and Marc Jacobs.<ref>{{cite web |title=Artist files lawsuit after claiming he came up with Nirvana's 'smily face' logo |url=https://www.nme.com/news/music/artist-files-lawsuit-after-claiming-he-came-up-with-nirvanas-smily-face-logo-2761676 |publisher=[[NME]] |date=September 25, 2020 |access-date=30 May 2022 |archive-date=30 May 2022 |archive-url=https://web.archive.org/web/20220530154939/https://www.nme.com/news/music/artist-files-lawsuit-after-claiming-he-came-up-with-nirvanas-smily-face-logo-2761676 |url-status=live }}</ref>