Digital forms of emoticons on the Internet were included in a proposal by Scott Fahlman of Carnegie Mellon University in Pittsburgh, Pennsylvania, in a message on 19 September 1982.
In 2001, Walmart opposed the registration, citing a likelihood of confusion between the Loufrani smiley and a smiley face Walmart had been using since 1990.
The USPTO eventually sided with Walmart and rejected The Smiley Company's application, due to widespread use of smiley face designs.
is a pictorial representation of a facial expression using punctuation marks, numbers and letters, usually written to express a person's feelings or mood.
In Western countries, emoticons are usually written at a right angle to the direction of the text.
Seeking to prevent Walmart from using any smiley face design, Nicolas Loufrani next sued Walmart in federal court in 2009, while claiming that his smiley face was "readily distinguishable" from Walmart's.
The case was closed in 2011 when the two parties agreed to settle out of court.
In web forums, instant messengers and online games, text emoticons are often automatically replaced with small corresponding images, which came to be called "emoticons" as well.
Emoticons for a smiley face appear in the first documented use in digital form.
It is to be appended, with the full stop, to every jocular or ironical sentence".
although there seems to have been a lapse in cultural continuity between the communities.
Four vertical typographical emoticons were published in 1881 by the U. satirical magazine Puck, with the stated intention that the publication's letterpress department thus intended to "lay out ...