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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.

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Nicolas developed hundreds of different emoticons, including 3D versions.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.Dodge's Manual in 1908 documented the reintroduction of "love and kisses" as the number 88.Gajadhar and Green comment that both Morse code abbreviations are more succinct than modern abbreviations such as LOL.

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