WatchmenComicMovie.com Forum

Hi! I'm John. Long time lurker, first time poster.
Will someone explain to me why there is even an issue with Watchmen and Smileyworld LTD? As I understand it, this is another case of WB not doing their research. FRACKING WB! The reason there is so damned little out there with the Watchmen smileyface logo is that WB bought into the claim that the douche in France who trademarked the image (by the way not the same man who invented the original and released it to the world) owns it. In fact the version of the smiley face image owned by SMILEY WORLD is different!!!! This is the SMILEYWORLD LTD version of the face...

The version of the face used in both the comic and the movie is based upon the original 1963 version of the face that SMILEYWORLD LTD does not own but is in the public domain!!!

This fracking company goes around threatening lawsuits to anyone using any yellow face with two eyes and a smile, banking on the fact that people won't or can't tell the difference! ARGHGHGH!!!! That's why there is little or no presence of the smiley face logo on any of the Watchmen products out there. God I HATE WB's legal department!!!
John

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"HEY, man, I ain't buyin' THIS! Ripoff story ain't go no ENDIN'!"

I'm very confused on this issue as well. Through my own research, I've come up with the same results - the smiley that is trade marked is not the one used in Watchmen. Not saying WB is wrong, I'm just confused as to why they must pay royalties for a different smiley face...

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Mexicano Al Grito De Guerra

Ah, but perhaps not enough. I know something of trademark law and to my eye the image of the Watchmen smileyface more closly resembles the image in the public domain (created by Harvey Ball in 1963) and NOT the version of the Image trademarked by Franklin Loufrani and marketed by his company, SmileyWorld LTD. Add to that the further addition of the blood spot and you have an entirely new image.

It's considered a derivative work. They so closely resemble each other that SmileyWorld can claim their trademark rights on it. It has to be changed something like 30% to be considered original, I don't remember the exact number, but there isn't much they can claim is changed enough from SmileyWorld's to be considered original.



True, it does seem like the blood spot should be enough for it to be considered original. Maybe they're paying for the rights for when the smiley is shown without the blood spot though(in various Comedian scenes).

Ok, how can it be a derivative work of an image trademarked in 1971 when it MORE closley resembles the original 1963 image that is in the public domain?!? I don't get it. Or maybe as a friend on another board said...
"Sometimes copyright is just a matter of shouting louder and intimidating people. The truth doesn't matter, it's what people believe that makes reality.

Or so I have been told. I don't agree with that statement at all. "

Legal Douchebagery is what I call it.

John

That's exactly it, the people of SmileyWorld just want some money out of it. Whoever has the other smiley trademarked obviously doesn't care, but that's how people are.

Well, that's the problem then...the Original image isn't trademarked, it's in the public domain, but that's also why the Watchmen version of the smileyface image should be independent of the Smileyworld LTD trademark.

John

This is ridiculous, everyone knows that Forrest Gump created the smiley face,

What's really said is that someone thought this image was clever enough to trademark. Clever, but sad. Can you imagine if that was your claim to fame?

"I drew two eyes and smiley face with particular dimensions".

Probably as a defensive measure. I.e. its probably cheaper to pay them royalties than to fight *another* legal battle over it.

[NOTE: Merged. --"Curiosity Inc."]

I visited my local Best Buy multiple times before July 21st, and I noticed they had some little deal going on with pre-ordering Watchmen. You apparently received 6 pins. Cool. However. NONE of these pins were replicas of The Comedian's badge, with or without the blood stain. This really bothered me. Of all movies to make an offer like this with those little pins (I think they've done this before), this would've been the perfect movie. But they wasted it with old pictures of the characters. I'm very dissappointed because I would have loved to have my own "Comedian's badge." Anyone want to explain why Best Buy may have not included said badge?

legal issues with the smilie company probably. that's my guess anyway.

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We're all actors, Laurie. I'm just an actor who read the script.

Okay, shut down the thread, everybody. You can't top the awesome in that comment.

Wow those guys are asses. Alan Moore and Dave Gibbons came up with the blood stained smiley though.... Whatever, they could have at least put the clock with the blood stain.

Smileyworld as a whole really pisses me off. How do you copyright such a thing? It's just so widely used(and has been since long before some dick "invented" it.) that it can hardly be considered a unique intellectual property. Just like what happened to the birthday song(which is why you usually here the annoying Bennigan's version in movies nowadays. Which pisses me off to no end).

I just don't understand how..UAUUAAH! I can't come up with anything more to say about it that isn't just a frustrated grunt.

Also,I've noticed the none of the Watchmen dvds have the face anywhere on the box. Bull! I suppose it isn't that big of deal,but it's the principle of the thing,y'know?



I think you can get smiley face pins at Wal-Mart still, I think they're supposed to be just for employees,but you could probably nick one pretty easy. They have buckets of them. Not Watchmen brand name ones or anything,but you could wipe some bean juice or something on it.

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"Of course. Must protect Veidt's new utopia. One more body amongst foundations makes little difference. Well? What are you waiting for? Do it."

Actually the Tales of the Black Freighter DVD and BluRay have the smiley face on the cases and both of the Best Buy exclusives have them but yeah the Smiley Face should be more prevelant in Watchmen merchandise.

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"The world is a fine place and worth fighting for." I agree with the second part.

"There's a cello in your house now."

I just can't believe that anyone could be such an asshole to do that.

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Hurm. Human bean juice. Ha ha.

Copyrighting smiley faces makes just about as much sense as someone copyrighting the word "the".

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A world united in peace. There had to be sacrifice.