Talk about a piece of popular culture. This little fella has an awareness rate of almost 97%, which could very well put him at the top of the pop culture best known list. He is a biggie, and he goes by the name of Mr. Smiley. Yes, he is that perfectly circular chirpy yellow guy with simply two oval black eyes and a smile that would turn anyone’s off day into a better one. He sends a message to “Keep Smiling” and “Have a Nice Day”. Mr. Smiley’s mission and purpose is to bring a smile to everyone’s face, and deliver a moment of happiness into everyone’s life.
Mr. Smiley originated in the early 1960’s, and was given a constantly mutating form. (Savage, 2009, ¶5). It wasn’t until the early 1970’s that he received his more classic look. (Savage, 2009, ¶6). His design was first seen in 1963 during a children’s television program called The Funny Company, and where “Keep Smiling” was found in the end titles and final message. (Savage, 2009, ¶7). During that same period, Harvey Ball, an artist in Worchester, Massachusetts, had designed a simple happy face for State Mutual Life Assurance. (Savage, 2009, ¶8). The design’s purpose was to cheer employees up over a recent merger. (Douglas, 2010, ¶2). Ball, unfortunately, never copyrighted his design. (Savage, 2009, ¶9).
A designer in Seattle, Washington, named David Stern, has claimed he originated the design, but he too had not filed any copyright or trademark documents. (Savage, 2009, ¶10). To date, there are still no copyright or trademark filings for Mr. Smiley. Over the past decades, many people and companies have used Smiley in selling their services and products. In 1970, Bernard and Murray Spain, two brothers from Philadelphia, Pennsylvania, designed a classic Smiley to use in selling novelties. They added the words “have a nice day”. (Savage, 2009, ¶11).
Even that big, ugly giant, Wal-mart, began using Smiley in 1996 for their promotional materials. (Douglas, 2010, ¶4). When a Georgia man developed a parody site to protest against Wal-Mart’s employment and business practices, Wal-Mart sued citing trademark infringement. (Douglas, 2010, ¶5). This shows how arrogant and bullish Wal-Mart can be, as there was no trademark ownership. Wal-Mart did try to file with the U.S. Patent & Trademark Office for the rights to Smiley, but it was rejected. (Douglas, 2010, ¶5). Mr. Smiley belonged to everyone. Wal-Mart lost their court battle on all counts. (Douglas, 2010, ¶5).
Mr. Smiley is no doubt the perfect feel-good icon, and top popular culture figure. He symbolizes happiness and all things good. Today, we see Mr. Smiley in use as emoticons on Facebook, Twitter, and in text messages. He has touched the lives in people of all ages. It is so amazing that such a simple design can create such a powerful draw on one’s emotions.
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