SMILEY

NOTE: All the information below is listed to WARN all sellers about the prosecution cases. Some information may not be updated timely. Kindly be tolerant!

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Brand side: The Smiley Company SPRL

Prosecution Type : Trademark

Law Firm: THE BRICKELL IP GROUP, PLLC – FL

History of incidents:

Prosecution time Case number Law firm Brand Brand side
4/10/2023 23-cv-61899 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
29/6/2023 23-cv-22432 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
27/6/2023 23-cv-61229 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
27/6/2023 23-cv-61233 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
27/6/2023 23-cv-22395 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
27/6/2023 23-cv-22385 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
27/6/2023 23-cv-22384 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
26/6/2023 23-cv-22376 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
26/6/2023 23-cv-22352 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
26/6/2023 23-cv-61217 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL
26/6/2023 23-cv-61203 THE BRICKELL IP GROUP, PLLC Smiley THE SMILEY COMPANY SPRL

Brand introduction

Smiley, also known as a smiley face or emoticon, is a graphical representation of a smiling face often used to convey various emotions or sentiments in written communication. The concept of the smiley originated in the early 1960s and has since become widely popular in digital communication, particularly in online chats, emails, and text messages. A journalist in France named Franklin Loufrani, while working at Le Soir, got tired of the constant negative news and decided to design a symbol to remind readers of positive stories. He created a yellow smiley face, a simple icon with a yellow circle, two dots, and a smile. Throughout the 1970s, the smiley face symbol became a symbol of a culture of peace and love. 

The smiley typically consists of a simple drawing depicting a yellow circle with two dots for eyes and a curved line representing a smiling mouth. It is a universal symbol of happiness, joy, or friendliness, and is often used to lighten the tone of a message or express positive emotions.

Over time, the use of smileys has evolved, and various variations and adaptations have emerged. For instance, different facial expressions can be conveyed by altering the shape of the eyes, mouth, or adding additional elements like eyebrows or tears. Additionally, modern communication platforms often include a vast array of emojis, which are more elaborate and diverse graphical representations of emotions and objects.

Official website: https://smiley.com/

Registered trademark + copyright

The plaintiff’s registered word trademark SMILEY and smiling face graphic trademarks cover a wide range of categories: daily chemical products, fitness equipment, jewelry and watches, clothing, shoes and hats, office supplies and other categories.

The copyright image in the complaint has not been made public yet. The plaintiff company sells the right to use the smiley face. If you sell products related to the smiley face, you can apply for authorization from the plaintiff company. Do not use it without authorization. There is a great risk of infringement!