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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.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.

For example, can all be used interchangeably, sometimes for subtly different effect or, in some cases, one type of character may look better in a certain font and therefore be preferred over another.

The terms of the settlement were undisclosed, but Walmart continued to use its smiley design intermittently, and returned to using it in a major marketing role in 2016.

Starting circa 1972, on the PLATO system, emoticons and other decorative graphics were produced as ASCII art, particularly with overprinting: typing a character, backing up, then typing another character.

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

In 1997, The Smiley Company filed a trademark application with the United States Patent and Trademark Office.

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It is to be appended, with the full stop, to every jocular or ironical sentence".