The “Smiley” face has been liberated. You may be wondering what I’m talking about but it’s true and is actually a huge victory for bloggers, writers, artists and photographers who enjoy freedom of speech on the Internet.
Let’s review, shall we? Wal-Mart sued Charles Smith of Conyers, Ga, for copyright violation when he was critical of the discount city with a couple of blog called Walocaust and Walqaeda. Wal-Mart fought back, suing him for trademark infringement citing they owned the copyright to the logo of the Smiley Face.
Those online writers who use parody and satire in different forms of criticism have won a huge victory and the case has received special attention for focusing on the First Amendment. If Wal-Mart had won the suit could have been devastating and stifled voices who use common images to condemn corporate interests.
The court sided with Smith. Public Citizen attorney Paul Alan Levy said this is important on many levels with these words after the trial. “This ruling shows that even the biggest company in America is subject to parody, and that trademark rights must yield to the right of free speech. This is a resounding victory for First Amendment rights and sends a clear message to big corporations that would try to use their deep pockets to intimidate and silence their critics.”
Wal-Mart has phased out the Smiley Face on uniforms and ad campaigns since litigation began.
H/T Boing Boing
Tags: Wal Mart, Free Speech, First Amendment
