A cave woman in prehistoric times probably invented the smiley face. The patent office should throw both these idiots out on their asses. Sorry, to be uncouth, but goodness gracious this is silly.
I would think at this time, the Smiley Face would be very definetly in the public domain, with no hope of copyrighting or trademarking it. A specific smiley face, maybe, but the "classic" one, probably not (or at least I'd think so).
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