Can Corporations Hijack Other People’s Property?

J.J. Jackson* | May 8, 2006

I like Wal Mart, but few people (and the corporations they run) are perfect. I was perusing the wire this morning and came across this article at WND:

Wal-Mart to own all smiley faces?
No. 1 retailer seeks control over famous yellow icon

In a battle that’s sure to crack a smile on your face, Wal-Mart, the world’s largest retailer, is looking to control the rights to the famous yellow smiley face, at least when it comes to the marketplace.

The icon has been prominently featured in Wal-Mart stores across the globe in recent years, as the chain looks to put shoppers in a good mood as they hunt for bargain prices.

The only problem for the company is that it did not invent the smiley face. In fact, the true designer is in dispute, though there are several claims to the throne.

“Smiley Faces” are generally considered to be in the public domain when it comes to American law. In fact it is how and why Wal Mart started using the symbol without having to pay royalties on it! But now, because they claim that they have used it and that it now represents Wal Mart they want to take control of the design?

The phrase that comes to mind is “I DON’T THINK SO”!

This would be akin to if Wal Mart had started using the famous public domain image of Uncle Sam (you know the on from the “I Want You” recruitment poster?) with a logo that said “I WANT YOU TO SHOP AT WAL MART” and then turned around and said “THAT’S IT! Uncle Sam now represents Wal Mart! No on else use it!?

It’s ridiculous on its face and Wal Mart should spend it time fighting bigger battles for which they might actually have some standing.

The Wal-Mart Way: The Inside Story of the Success of the World’s Largest Company

(Book)

Authors:Don Soderquist
Manufacturer:Nelson Business
Released:19 April, 2005

What I Learned From Sam Walton : How to Compete and Thrive in a Wal-Mart World

(Book)

Authors:Michael Bergdahl
Manufacturer:John Wiley & Sons
Released:20 August, 2004

Contributor's website: http://www.libertyreborn.com

*Content posted by a user may not be completely written by that user. Content from another source is cited in either block quotes, with quotes or with a link to the original material. Content from other sites is posted for commentary and news purposes under fair use. Each user is responsible for their own postings and a particular posting should not be construed as being endorsed by this site or it's owner.