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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.

This smiley presumably inspired many later emoticons; the most basic graphic emoticon that depicts this is, in fact, a small yellow smiley face.

In a New York Times interview in April 1969, Alden Whitman asked writer Vladimir Nabokov: "How do you rank yourself among writers (living) and of the immediate past?

Emoticons for a smiley face appear in the first documented use in digital form.

Certain complex character combinations can only be accomplished in double-byte languages, giving rise to especially complex forms, sometimes known by their romanized Japanese name of kaomoji.

Gajadhar and Green comment that both Morse code abbreviations are more succinct than modern abbreviations such as LOL.

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 [...] all the cartoonists that ever walked".

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Dodge's Manual in 1908 documented the reintroduction of "love and kisses" as the number 88.

The use of emoticons can be traced back to the 17th century, drawn by a Slovak notary to indicate his satisfaction with the state of his town's municipal financial records in 1635, but they were commonly used in casual and humorous writing.

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 the widespread use of smiley face designs.

His designs were registered at the United States Copyright Office in 1997 and appeared online as files in 1998.

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