It’s largely accepted that
the original version of the familiar smiley face was first created in
Worcester, Massachusetts by the late Harvey Ross Ball, an American graphic
artist and ad man. Ball came up with the
image in 1963 when he was commissioned to create a graphic to raise morale
among the employees of an insurance company after a series of difficult mergers
and acquisitions. Ball finished the
design in less than 10 minutes and was paid $45 for his work. The State Mutual Life Assurance Company (now
Allmerica Financial Corporation) made posters, buttons, and signs adorned with
the jaundiced grin in the attempt to get their employees to smile more. It’s uncertain whether or not the new logo
boosted morale, but the smiling face was an immediate hit and the company
produced thousands of buttons. The image
proliferated and was of course endlessly imitated but according to Bill Wallace, Executive Director of
the Worcester Historical Museum, the
authentic Harvey Ball-designed smiley face could always be identified by its
distinguishing features: the eyes are
narrow ovals, one larger than the other, and the mouth is not a perfect arc but
“almost like a Mona Lisa Mouth.” Neither
Ball nor State Mutual tried to trademark or copyright the design. Although it seems clear that Ball has the
strongest claim to the second most iconic smile in history, there’s much more
to the story. In the early 1970s, brothers Bernard and Murray Spain, owners of two
Hallmark card shops in Philadelphia, came across the image in a button shop,
noticed that it was incredibly popular, and simply appropriated it. They knew that Harvey Ball came up with the
design in the 1960s but after adding the slogan “Have a Happy Day” to the
smile, the Brothers Spain were able to copyright the revised mark in 1971, and
immediately began producing their own novelty items. By the end of the year they had sold more
than 50 million buttons and countless other products, turning a profit. Despite their acknowledgment of Harvey’s
design, the brothers publicly took credit for icon in 1971 when they appeared
on the television show “What’s My Line.”
In Europe, there is another claimant to the smiley. In 1972 French journalist Franklin Loufrani
became the first person to register the mark for commercial use when he started
using it to highlight the rare instances of good news in the newspaper France Soir.
Subsequently, he trademarked the smile, dubbed simply “Smiley,” in over
100 countries and launched the Smiley Company by selling smiley T-shirt
transfers. In 1996, Loufrani’s son Nicolas took over the family
business and transformed it into an empire.
He formalized the mark with a style guide and further distributed it
through global licensing agreements including, perhaps most notably, some of
the earliest graphic emoticons. Today,
the Smiley Company makes more than $130 million a
year and is one of the top 100 licensing companies of the world. The company has taken a simple graphic
gesture and transformed it into an enormous business as well as a corporate
ideology that places a premium on “positivity.”
As for the American origin of the smiley, Nicolas Loufrani is skeptical
of Harvey’s claim on the design even though, as evident in the above image, his
father’s original newspaper icon is almost identical to Ball’s mark,
idiosyncrasies and all. Loufrani argues
that the design of the smiley is so basic it can’t be credited to anyone. On his company’s website, they prove this
idea by showing what they claim to be the world’s first smiley face, a stone carving
found in a French cave that dates to 2500 BC, as well as a smiley face graphic
used for promotion by a New York radio station in 1960. Copyright and trademark issues are
complicated, and despite their views toward Ball’s design, when the Smiley
Company attempted to trademark the image in the United States in 1997, they
became embroiled in a legal battle with Walmart, which started using the smiley
face as a corporate logo in 1996 and tried to claim ownership of it (because of
course they did.) The law suit lasted 10
years and cost both companies millions of dollars. It was settled out of court in 2007 but its
terms remain undisclosed.
Jimmy Stamp https://www.smithsonianmag.com/arts-culture/who-really-invented-the-smiley-face-2058483/
A Super Ball (a.k.a. SuperBall) is a toy bouncing ball based on a type of synthetic rubber invented in 1964 by
chemist Norman
Stingley. It is an
extremely elastic ball made
of Zectron which contains the synthetic polymer polybutadiene as well as hydrated silica, zinc oxide, stearic acid, and other ingredients. This
compound is vulcanized with sulfur at a temperature of 165 °C and formed at a pressure of 3500 psi. The resulting Super Ball has a very
high coefficient of
restitution, and if dropped from shoulder level on a hard
surface, a Super Ball bounces nearly all the way back; thrown down by an
average adult, it can leap over a three-story building. Toys similar to Super Balls are more
generally known as bouncy balls, a term
that covers other balls by different manufacturers with different formulations. Stingley sought uses for is Polybutadiene synthetic rubber, as well
as someone to manufacture it. He first
offered his invention to the Bettis Rubber Company, for whom he worked at the
time, but they turned it down because the material was not very
durable. So Stingley took it to toy
company Wham-O; they worked on developing a more
durable version which they still manufacture today. "It took us nearly two years to iron the
kinks out of Super Ball before we produced it," said Richard Knerr, President of Wham-O in 1966.
"It always had that marvelous springiness . . . But it had a
tendency to fly apart. We've licked that
with a very high-pressure technique for forming it. Now we're selling millions." Super Ball became a fad when
it was introduced. Peak production reached over 170,000 Super Balls per
day. By December 1965, over six million
had been sold, and U.S. Presidential adviser McGeorge Bundy had five dozen shipped to
the White House for the amusement of the
staff. Initially, the full-sized Super
Ball sold for 98¢ at retail; by the end of 1966, its colorful miniature versions
sold for as little as 10¢ in vending machines.
In the late 1960s, Wham-O made a giant Super Ball roughly the size of a
bowling ball as a promotional stunt. It fell from the 23rd story window
(some reports say the roof) of an Australian hotel and destroyed a parked
convertible car on the second bounce. Composer Alcides Lanza purchased several Super
Balls in 1965 as toys for his son, but soon he started experimenting with the
sounds that they made when rubbed along the strings of a piano. This resulted in his composition Plectros
III (1971), in which he specifies that the performer should use a pair
of Super Balls on sticks as mallets with which to strike and rub the strings
and case of a piano. Lamar Hunt, founder of the American Football
League and owner of the Kansas City Chiefs,
watched his children playing with a Super Ball and then coined the term Super Bowl.
He wrote a letter to NFL commissioner Pete Rozelle dated July 25, 1966: "I have kiddingly called it the 'Super
Bowl,' which obviously can be improved upon." The league's franchise owners had decided on
the name AFL-NFL World Championship Game, but the media immediately
picked up on Hunt's Super Bowl name, which became official
beginning with the third annual game in 1969.
Thomas Edison received
many patents in countries other than the United States. No complete list exists, but Dyer and
Martin's 1910 biography, Edison: His Life and Inventions, contains
a compilation of 1,239
non-U.S. patents awarded in 34 countries. Edison's British patents for the years 1872–1880 appear in a
bound volume in the Charles Batchelor collection. There is an on-line database of all U.S.
patents at the U.S. Patent
and Trademark Office. Patents before
1975 are searchable by patent number and classification, and patents issued
between 1790 and 1836—which were not numbered—have been assigned chronologically
ordered "X" numbers. The
USPTO also hosts a great deal of information about current patent practice.
Databases at the Delphion
Intellectual Property Network include U.S. patents since 1971,
European patents since 1980, and Japanese patent abstracts since 1976. U.S. Patents can also be searched
through Google
Patents. Edison executed the first
of his 1,093 successful U.S. patent applications on 13 October 1868, at the age
of 21. He filed an estimated 500–600
unsuccessful or abandoned applications as well. Unfortunately, the names given Edison's
patents are too irregular to make simple word searches an accurate means of
finding patents for particular technologies. His issued patents are presented here in three
lists—by execution date, patent date, and subject. The execution and patent
date lists are each presented in six parts to make the files less cumbersome. The execution date of a patent application is
the date on which the inventor signs the application, and hence is the date
closest to the actual inventive activity. However, in his early years Edison did not
always rush to his patent lawyer with an invention, especially if there was
little competition for the invention or he was feeling broke and unable to pay
the various fees involved in an application. In a few cases Edison removed some of the
claims from an original application and filed a new application to cover those
claims. The execution date of such a patent can be considerably later
than that of the original application even though the patent covers designs from
the earlier date. Link to more
information at https://edison.rutgers.edu/patents.htm
Just when you
thought attempting to trademark the word “The” was
the greatest length Ohio State could reach in attempting to shield its precious
brand, the school went ahead and picked a fight over a single letter. Overtime Sports Inc., an
online sports network, sued Ohio State University in federal court
on December 23, 2019 after the school attempted to block the company from
trademarking its letter “O” logo, according to the Associated Press. Ohio State
reportedly asked Overtime in July to stop using the logo, claiming it was too
similar to its own trademarked block “O.”
In response, Overtime filed a lawsuit in New York City, where the
company is based, to request that the school be prohibited from attempting to
stop Overtime from using its logo.
Overtime’s trademark application is still reportedly pending at the
United States Patent and Trademark Office.
Jack Baer https://sports.yahoo.com/ohio-state-overtime-block-o-lawsuit-trademark-235932616.html
Mariah Carey is
the first artist ever to top the Billboard charts in four decades--and it's all
thanks to her Christmas classic. The
elusive chanteuse scored a No. 1 on the Billboard Hot 100 in the 1990s, the
2000s, the 2010s and now, the 2020s. "All
I Want For Christmas Is You," originally released in 1994, is one of the
very first hits of the new decade, Billboard confirmed. The Billboard Hot 100 data combines radio
airplay, sales and streaming data, and the latter measure likely boosted
Carey's song to the top. Scottie
Andrew https://www.cnn.com/2020/01/01/entertainment/mariah-carey-first-artist-billboard-four-decades-trnd/index.html
Starting
on Jan. 1, 2020, anyone can legally remix George Gershwin’s Rhapsody in Blue, screen Buster Keaton’s
silent films, or publish their own edition of Agatha Christie’s whodunnit The
Man in the Brown Suit. These
classics are among the hundreds of books, films, novels, maps, music, and art created in 1924 that will enter the public
domain come 2020. Broadly speaking,
copyright protection expires in the US after 95 years. Anne Quito
Find list of works entering public domain at https://qz.com/1777256/list-of-copyrighted-works-entering-the-public-domain-in-2020/
The
full lyrics to 'Auld Lang Syne' so you don't mumble your way through it Elizabeth
Wolfe and Kendall Trammell Updated 7:02
AM ET, Tue December 31, 2019
LEFT IN 2019 Syd Mead (visual futurist designer), John
Havlicek (Boston Celtic great), Leah Chase (chef and civil rights activist),
John Paul Stevens, (U.S. Supreme Court justice), Howard “Hopalong” Cassady
(Heisman Trophy winner at Ohio State and running back for the Detroit Lions),
Elijah E. Cummings (U.S. House of Representatives member), Betty Ballantine (
half of a husband-and-wife team that helped invent the modern paperback),
Monkey Punch (cartoonist), Leonard Bailey (doctor who planted a baboon heart
into a newborn baby), I.M. Pei (architect), Cokie Roberts (journalist), Gahan
Wilson (cartoonist), and Caroll Spinney (played Big Bird and gave Oscar the Grouch
his growl).
We must be willing to let
go of the life we have planned, so as to have the life that is waiting for us.
- E.M. Forster, novelist (1 Jan 1879-1970)
http://librariansmuse.blogspot.com Issue 2204
January 2, 2020
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