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Wal-Mart Bests Loufrani in TTAB Battle over "Smiling Face" Mark

A long-running TTABattle over the ubiquitous "smiling face" mark ended in victory for Wal-Mart over Franklin Loufrani. The Board sustained Wal-Mart's opposition to registration of the SMILEY & design mark shown below left, and dismissed Loufrani's opposition to Wal-Mart's version shown below right. Wal-Mart Stores, Inc. v. Franklin Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 (March 20, 2009) [not precedential]Loufrani sought to register his SMILEY & design mark under Section 1(b) for "hundreds of goods and services" in 23 different classes, ranging from cosmetics for animals, to mosquito nets, to transportation by ferry, boat, rail, land, and air. Loufrani disclaimed the "right to use the representation of a smiling face apart from the mark as shown...continue to full post

Full post as published by The TTABlog on March 25, 2009 (boomark / email).