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Seeking to prevent Walmart from using any smiley face design, Nicolas Loufrani next sued Walmart in federal court in 2009, while claiming that his smiley face was "readily distinguishable" from Walmart's.The case was closed in 2011 when the two parties agreed to settle out of court.

It was realized on order of a large insurance company as part of a campaign to bolster the morale of its employees and soon became a big hit.

In 2001, Walmart opposed the registration, citing a likelihood of confusion between the Loufrani smiley and a smiley face Walmart had been using since 1990.

The USPTO eventually sided with Walmart and rejected The Smiley Company's application, due to widespread use of smiley face designs.

For example, WOBTAX and VICTORY both produced convincing smiley faces (where the overprinted characters produced the solid background, and pixels untouched by any of the characters produced the actual design).

This developed into a sophisticated set, particularly in combination with superscript and subscript.




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