Neither Ball nor State Mutual tried to trademark or copyright the design. In the early s, brothers Bernard and Murray Spain, owners of two Hallmark card shops in Philadelphia, came across the image in a button shop, noticed that it was incredibly popular, and simply appropriated it.
In Europe, there is another claimant to the smiley. In French journalist Franklin Loufrani became the first person to register the mark for commercial use when he started using it to highlight the rare instances of good news in the newspaper France Soir. He formalized the mark with a style guide and further distributed it through global licensing agreements including, perhaps most notably, some of the earliest graphic emoticons. Please click confirm to resume now.
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