Russian Mobile Ad Agency Trademarks the Emoticon ;(

Oleg Teterin, president of the mobile ad agency, Superfone has secured a trademark on the emoticon (or smilie) within Russia and plans to try and enforce his rights against large companies. 

"Legal use will be possible after buying an annual license from us," he was quoted by Kommersant as saying. "It won't cost that much - tens of thousands of dollars."

It is unlikely that a court would uphold a challenge though - as prior actions by another trademark-squatter against Siemens was thrown out in 2005.

This is also not the first time that Teterin has been involved in legal shenanigans. An arrest warrant was issued for him earlier this year after GDM Group claimed that Superfone was infringing its patents.

Although historical antecedents go back to the nineteenth century, the emoticon as we presently use it traces directly back to a proposal by Scott Fahlman in a message of 19th September 1982.

This is not the first time the emoticon has been subject to legal action. Back in January 2006, Cingular Wireless sought a patent on the emoticon when used on mobile phones - creating a storm of protest when the patent application was made public.

In 2000 Despair, Inc. obtained a U.S. trademark registration for the "frowny" emoticon :-( when used on "greeting cards, posters and art prints." In 2001, they issued a satirical press release, announcing that they would sue Internet users who typed the frowny; the joke backfired and the company received a storm of protest when its mock release was posted at technology news website Slashdot. They subsequently issued another press release a month later in response to the reaction their claim had generated.

On the web: Cingular Patenting the Emoticon - Kommersant

Posted to the site on 12th December 2008