The Pre-1926 Smiley page

 Introduction to Pre-1926 Smiley

Welcome to the Pre-1926 Smiley page, your ultimate resource for the history and cultural significance of the smiley face symbol. This webpage is dedicated to exploring the origins and evolution of the smiley face, tracing its usage from ancient times to the early 20th century. Our goal is to educate the public about this ubiquitous symbol and to advocate for fair use in the face of increasingly restrictive intellectual property claims.

The Smiley Face: A Universal Symbol

The smiley face is more than just a simple graphic; it is a universal symbol of happiness and positivity that has been a part of human culture for centuries. From early cave drawings to modern-day emojis, the smiley face has transcended generations and borders, becoming a beloved icon recognized around the world.

Our Mission

In recent years, there has been a growing trend of unfair takedowns and legal actions against individuals and businesses using the word "smiley" and related imagery. These actions often overlook the rich and varied history of the smiley face, treating it as a proprietary asset rather than a shared cultural symbol. This webpage serves as a protest against such unfair practices and aims to provide historical context to support the argument for fair use.

 What You'll Find Here

Historical Timeline: A detailed exploration of the smiley face's origins, including early uses in art, literature, and advertising.
Cultural Impact: An analysis of how the smiley face has influenced various aspects of society, from pop culture to social movements.

Join the Movement

By shedding light on the historical and cultural significance of the smiley face, we hope to foster a greater appreciation for this symbol and to support those who wish to use it freely. Join us in our mission to protect the smiley face from unfair restrictions and to celebrate its place in our shared heritage.

Explore the site, let's work together to ensure that this simple, joyful symbol remains accessible to all.

The webmaster believes that consumers are smart enough to do their homework when searching for  "smiley" merchandise.

Please note: The webmaster of Pre-1926 Smiley is NOT an attorney and can NOT offer legal advice.

• A “SMILEY FACE" --Crop from a Gregory Toy ad [The Gregory Rubber Co Akron, Ohio] from page 20 of The Billboard, March 18, 1922, https://archive.org/details/sim_billboard_1922-03-18_34_11/page/20/mode/2up?q=smiley+face

The word smiley

• Merriam-Webster in their online dictionary list 1848 as the earliest known use of "smiley" as an adjective for "having a smile" or "smiling."

Examples of usage of the word "smiley"

• The earliest known use of the word "smiley"(1848)

"...When Ma bimeby upon ’em slips,
  Huldy sot pale ez ashes,
All kin’ o’ smily roun’ the lips
  An’ teary roun’ the lashes..."

The Courtin’
By James Russell Lowell (1819–1891)
 in
Biglow Papers -- Bartleby and OED

• "How they contrived to be so laughy and smiley on pumpkin-seeds and cold water I cannot conjecture." Leland, C. G. (1873). The Egyptian Sketch-book. United Kingdom: Strahan. p 120 and OED

• "He just called out to Mrs. Partridge to ask how we were getting on. And she said in that horrid smiley way she speaks sometimes—'Oh, vrezy well, sir. Much better since their nurse is gone"  Molesworth, Mary Louise Stewart. (1883) The Boys and I: A Child's Story for Children. London : W. R. Chambers. page 129

• "Tony considered. ' Yes — there's the Welds,' he said .' I've been there once or twice with Susan to take them things--once when their mother was ill , I remember. But, Grandy, I don't think they are very unhappy. They've got nice smiley faces, and their mother says ' my boy ' to them like you do to me. '"  Molesworth, Mary Louise Stewart. (1892). "Farthings;": The Story of a Stray and a Waif.  United Kingdom: Wells Gardener, Darton & Company.

• "The next morning when Jimmy brought the milk to Mrs. Francis’s back door the dark-eyed girl with the 'smiley' teeth let him in, and set a chair beside the kitchen stove for him to warm his little blue hands"  
  McClung, N. L. (1908). Sowing Seeds in Danny. United Kingdom: Doubleday, Page. 18
   

• "Truly, this was a 'chuckle film'—one of the 'smiley' kind that makes you feel like the world is worth while again, no matter how grouchy you might have been when you arrived at the theatre." Marguerite Clark in -- BAB’S DIARY Wid's Films and Film Folk (Thursday, October 18, 1917) by Wid's Films and Film Folks, Inc.

• " Well I dont quite know said Bernard but she was and he moved away to the next picture . It was of a man with a fat smiley face and a red ribbon round him and a lot of medals .  My great uncle Ambrose Fudge said Bernard carelessly."  Barrie, J. M., Ashford, D. (1919). The young visiters [sic] : or, Mr. Salteena's plan. United Kingdom: George H. Doran Company. pp 38-39 ------LibQuotes

• "As a matter of fact it la pure farce, with Franklyn Farnum in the smiley role of a young gentleman who has Inherited a ranch and who is, chased by a Spanish senorita in costume and has a whale of a lot of trouble."  The Billboard 1917-10-13 p 64 

• "She reads the labels and is entirely engrossed when the door opens at the right , and in walks Mrs. peter , o pretty woman of about thirty , lovely , smiley face and sweet ways ." Holloway, D. (1928). The Steadfast Tin Soldier: A Play in Three Acts. United States: S. French. p5

• If you read your Sunday paper you know the little children are going to play games and receive prizes. Yes, there are going to be Dolls! Big ones with rolling eyes and smiley faces and wee little calling "ma-ma,ma-ma." New Contest Opens Today For Happy Timers Member, Times Union  Brooklyn, New York •  Wed, Jun 26, 1929 Page 55

• "Still, no matter what they had to draw, the children loved the day of Miss Partridge's visit: first, because all studies would be swept aside for the sake of autumn leaves and pumpkins; secondly, because Miss Partridge was so amiable. She was always smiling, always. The children called her the smiley teacher. No one had ever seen her frown or heard her speak a cross word." Estes, Eleanor. The Moffats. United States: New York : Harcourt, Brace & World, 1969 p.117 [Reprint. Originally published: New York : Harcourt, Brace, and Co., c1941]

Photos of the "painted smiling face" on the "MA-3 rocket launcher [mode III "#Smiley"]" [contract AF 33 (600) 28547] manufacture by Century Industries Corp. of San Pedro, CA https://t.co/I0erbsJjxK (1/9 )

— pre1926smiley it's time to free smiley for all (@pre1926smiley) June 25, 2021

• "...Tape a paper plate to the mop head for a face, arranging string strands on each side for the hair. Draw a big smiley face on the plate!..."   Do-It-Yourself, Carnival  Jane McHenry, "Junior TREASURE Chest," Edited by Marjorie Barrows (Editor of "The Children's Hour."), Family Weekly Magazine,   Sarasota Herald-Tribune - Sep 7, 1957 page 42

• "Collect six empty pop bottles and six cone-shaped paper cups. With crayons draw smiley faces on three of the cups and scary ones on the others. Put a cup on top of each bottle and line them up as 'ghosts.'...Keep score by counting five points for each scary-faced ghost knocked over and since it is a night for spooks only one point for each smiley!"  Galloping Ghosts! Bill Ross ,"Junior TREASURE Chest," Edited by Marjorie Barrows (Editor of "The Children's Hour."), Family Weekly Magazine,  Anniston Star ,Oct 26, 1958 Page 50 

• "One local weatherman likes to draw 'smiley faces' during his report for sunny weather and 'scowl faces' for bad weather areas."  TV Highlights Weatherman's Comedy Lacks Merit By DICK CASEY, Arizona Daily Star Tucson, Arizona, Sun, Nov 7, 1965,Page 17

• "With the goal being to greet all guests with a friendly, warm s mi 1 e, the kind that makes people feel at home, all front desk employees wear a 'Smiley' button." ADVERTISEMENT-- Ramada Inns--There Are 151 Going Now With 500 More to Come in Next Decade, Pensacola News Journal Pensacola, Florida, Sun, Feb 18, 1968, Page 62 

• "He also wears a smiley button which is yellow with a pair of eyes and a smile."  It Should Add Up to a Record Future by Frank Boggs, The Daily Oklahoman, Oklahoma City, Oklahoma, Tue, May 6, 1969,Page 15

• "Bridget had been one of the first of the few to receive one of my-teddies-little orange furred things, with smiley faces, and red velvet playsuits, which I had made to help make time pass." Drug Addicts in a Community by Penelope Goodwin, The Guardian, London, Greater London, England • Mon, May 12, 1969. Page 7

•  "You can add hot soup or have the lazy susan filled with cheese and pickles, plus a bowl of barbecue chips, and you will turn that supper into satisfied tummies and smiley faces honest!" Polly's Pantry, The Magna Times, Magna, Utah • Thu, May 15, 1969, Page 4

• "'It's your eyes,' she said. 'Dark and sort of smiley and sad and a bit withdrawn...'"  Enquiry  by  Francis, Dick , New York, Harper & Row, 1969, p91. and A Supplement to the Oxford English dictionary 1986--- Smiley

• "Well then, how about the night Nicky was born, and Richard sat heroic and smily in the labor room, holding my hand and making me laugh when it didn’t hurt." Such Good Friends by Lois Gould, 1970 Page 213

• "Even though there hasn't been much sun in the sky lately, sunny, smiley buttons being worn by many Devils are enough to brighten anybody's day." Sweefwater/Jeane Hughes,Chula Vista Star-News,  Chula Vista, California,  Sun, Jan 24, 1971, Page 16

• "Lest the economic crisis tempts you to reply to the 'Smiley' buttons with one that reads 'Why?'"  Mark My Words- 12 Reasons For Current 'Smile' Fad by Jim Fiebig Contra Costa Times  Walnut Creek, California, Sun, Aug 29, 1971, Page 26.

• "Ten thousand free smiley buttons will be given away this week in conjunction with “‘Y’ Pride Week”, a culmination of activities, projects and displays dedicated toward raising funds for the Library and honoring student government"  Page 1 Vol 23, N0. 214 Monday, November 15, 1971  Daily universe by Associated Students of Brigham Young University

• "It all started with the 'smile power' campaign launched in 1963 by the Worcester Mutual Fire Insurance Company of America and the Guarantee Mutual Assurance Company of America, who distributed the original 'smiley buttons' to employees in order to promote a 'smile attitude' toward customers and toward each other." Where Did 'Smiley' Come From?, The Daily Reporter, Greenfield, Indiana • Wed, Jul 12, 1972 Page 14

• "DRILL is, of course, only a prototype program. With other modifications of one's choosing, DRILL may become more sophisticated. Possible extensions include : ( a ) displaying pictorial feedback -  like a ' smiley face ' for positive reinforcement or ' grouchy face ' instead of ' NOPE. TRY AGAIN. ' "Peelle, H. P. (1974). Computer Glass Boxes: Teaching Children Concepts with “A Programming Language (APL),” 14(4), 11. Retrieved from https://www.jstor.org/stable/44420812

• "Each day as children read books they will design their own smiley faces and write their names and the names of their books on the smiley faces"  'Don’t Worry, Be Happy -- Read' theme of Anna’s Right to Read Week., Sidney Daily News Sidney, Ohio • Thu, Mar 2, 1989 Page 5

• "'No self-respecting hippie would wear a smiley face,' said Charlie Alzamora, program director of WMCA, a New York radio station that used a version of the logo in the early 1960s, years before it went national. The hippie-inspired remake of the happy face, he said, 'is the confusion of two cultures by marketing experts.'"  SMILEY FACE: THE REBIRTH (AND RE-DEATH?) OF A POP TREND
  JAMES HIRSCH, New York Times News Service SUN-SENTINEL(March 5, 1989)
   

• "The basic unit is: 

:-) 

the 'smiley', a standard smiling face. In context, this can mean 'I’m happy to hear from you', or other pleasantries." from The Economist 1990-10-06 p. 104 

• "Five years after being cited by the San Francisco Bureau of Building Inspections (BBI), four years after being referred to the City Attorney (government uses the smiley-sounding euphemism “in abatement” instead of the old-fashioned term “condemned”) somebody was getting things done about one of the over 700 condemned residential structures that exist in San Francisco... nearly 100 of which arc in or immediately adjacent to the Mission" Doohan, Brian. “The Mission's Worst Billings.” North Mission News. July 1991.

• "A black spray-painted smiley face and message, 'Free Education,' covered a large area of the concrete entrance ramp just in front of the doors. "Sanders, Amy. Smiley Face Graffiti Depicts Unknown Messages. The Chronicle. Purdue University Calumet,  Hammond, IN; 05-02-1992 p.4. 

• "Judge Charles J. Hearn always adds a smiley to his signature, even when the signature is death warrant" -- The smiley face is way off base  Reading Eagle page A3 Jul 28, 1993  

• "What is a smiley?

  A smiley is a sequence of ordinary characters you can find on your computer keyboard..."  Dougherty, Dale. Smileys: Over 650, Compiled by David Sanderson, the Noah Webster of Smileys. United States: O'Reilly Media, Incorporated, 1993. P 1

• "Generally the smiley follows the punctuation mark at the end of a sentence." Flynn, Nancy., Flynn, Tom. Writing Effective E-mail: Improving Your Electronic Communication. United States: Crisp Publications, 1998. p.55

• "Even Mars can put on a happy face. The Martian crater Galle has internal markings reminiscent of a smiley face symbol"Astronomy Picture of the Day(Happy Face Crater on Mars)  for March 15, 1999

• "In my opinion, no smiley face should appear on any bill." Keep smiley faces off doctors' bills(by Ann Landers), Lansing State Journal, Lansing, Michigan, Tue, Dec 28, 1999 Page 30.

• "The mood changes back to the smiley music with 'I Like Birds.' The music underneath has strange Philip Glass-like singers, which add to how stupid the song is supposed to be."  Partridge, Myra (Music Critic) Music Marks Eels -- jellied, smoked, stewed and more The Etownian by  Elizabethtown College, 04-14-2000 p 12  

• "To insert smileys in your message:

1 Press Options.
2 Scroll to Insert smiley and press OK.
A list of five smileys appears.
3 Scroll to the smiley you want and press Select."

Nokia 3395 user manual(2001- 2002)

• "Many people have denounced the very idea of the smiley face, pointing out that good writers should have no need to explicitly label their humorous comments." Smiley Lore   :-) by Scott E. Fahlman (2000s)

• "With two dots and a pencil stroke, schoolchildren have brightened handwritten messages by filling in their O’s with mini-smileys." Wal-Mart not joking with smiley face lawsuit By Abigail Goldman and Tribune Newspapers: Los Angeles Times Chicago Tribune May 14, 2006

• "It seems to me that when people walk around with a shirt with a smiley face on it, it's because they like the smiley face, it's not because they associate it with a company,' [Neil] Netanel said. 'The value of it isn't in the goodwill of the company; it's that people like the illustration.'"   Wal-Mart not joking with smiley face lawsuit By Abigail Goldman and Tribune Newspapers: Los Angeles Times Chicago Tribune May 14, 2006

• "'A prehistoric man probably invented the smiley face in some cave, but I certainly was the first to register it as a trademark,' said Franklin Loufrani" Wal-Mart fights to keep the smiley face: Retail giant says symbol personifies its price-reducing policy, but London-based firm says it secured rights years ago.(CNN)July 5 2006 (webmaster's note more research is need on who was "first to register it as a trademark.")

• "All his[" John S. Smith of Riga, Latvia, Europe " a mysterious depression-era hobo] checks were written on brown paper, often spotted with grease, and they shared several other distinctive characteristics: handwriting in a vaguely gothic style, the misspelling of “thousand” as “tousand” and the crude symbol of a smiley face, with pencil dots for eyes and nose." Making the Rounds With Santa Claus Smith: For six years, an elderly tramp toured the U.S., paying those who helped him with checks for sums of up to $900,000 by Mike Dash December 5, 2011

• "He and I had been best friends since we were sixteen, not that we’d ever use the smiley phrase ‘best friends’." Canter, J. (2011). Worth.  Leicester : Charnwood

•  "I feel like a whole new Hannah, who’s much more cool and fun than usual, and Dad’s like a whole new dad, who’s mega-generous and smiley all the time."   McKain, K. (2012). Half a Sister. United Kingdom: Usborne. p 64

• "Loufrani argues that the design of the smiley is so basic it can’t be credited to anyone." Stamp, Jimmy. "Who Really Invented the Smiley Face?". Smithsonian.

• "Our study revealed interesting differences and similarities between the types of participant in how they interpret the instruction to draw a smiley face and the features that they include in their drawings."  Clarke, M., McAneney, H., Chan, F. et al. Inconsistencies in the drawing and interpretation of smiley faces: an observational study. BMC Res Notes 11, 77 (2018). https://doi.org/10.1186/s13104-018-3185-0

• "'At the time it really surprised me and it’s amazing that someone could own the yellow smiley face,' said Mr.[Mike] Cherman." Gallagher, J. (2019, April 28). The Shockingly Large Business Behind the Iconic Smiley Face The trademarked smiley face symbol makes for a significant licensing business, one that is particularly successful as of late. The Wall Street Journal. Retrieved March 29, 2022, https://www.wsj.com/articles/the-shockingly-large-business-behind-the-iconic-smiley-face-11559058457

• "At its core, the smiley is like any other symbol -- a visual that has been assigned a specific meaning." The staying power of the smiley face - CNN Style Updated 30th March 2020 https://www.cnn.com/style/article/artsy-smiley-face-origin/index.html

• "He had, he admitted, drawn the smiley face himself."  Hannah Beech, (Nov. 23, 2020)  It Was Just Him and His Smiley Face. He’s Charged With Illegal Assembly. Jolovan Wham, a civil rights activist in Singapore, was charged with violating the Public Order Act for holding up a cardboard sign with a smiley face on it near a police station in March.

•  "The smiley can probably be traced back to 1960s US kids’ TV show The Funny Company but its paradoxical quality of simplistic ambiguity has made it endlessly adaptable." --  It's grin out there: why have lockdown deniers co-opted the smiley face?: The blissed-out symbol of acid house has been given a new meaning in 2021. Should ravers be up in arms?  by  Phil Harrison , Sat 27 Feb 2021 

• "The smiley face symbol has been around in world history for at least 2,000 years!" --  Let's make the 'smiley face' the international symbol of joy in 2022 | For What It's Worth  by Richard M. Weintraub, Esq. https://sports.yahoo.com/lets-smiley-face-international-symbol-100326022.html

Smiley vs Happy

• Some will say "smiley face" ="happy face"; however, the webmaster would like to point out, "All happy faces are smiling; however, not all smiley faces are happy."

• The smiley face challenge (smileyfacechallenge) draw your OWN  smiley face and share it to the internet.

On that day in the Paleolithic, a kid got punished for drawing on the wall of the family cave; however, many millennia later, we should thank that unknown kid for the "smiley." This is smiley's 18,743rd anniversary.

Hello, my name is Smiley; I was born at the dawn of time;
prehistoric humans invented me; as one of their
descendants, you should be free to draw me and sell
your original art using my name.

Earning $573 million in annual sales with
"your" drawing of a "smiley" is COOL;
however, stopping others from selling
"their" drawing of a "smiley" is an INSULT to
the "smiley" and wrong.

Hello, my name is Smiley and I am going to live on a farm

Hello, my name is Smiley; I was born at the dawn of time;
prehistoric humans invented me; as one of their
descendants, you should be free to draw me and sell
your original art using my name.

One can NOT inspire positivity,
optimism, creativity, and
happiness by destroying the
honest work of others

Hello, my name is Smiley and I am going to live on a farm.

Hello, my name is Smiley; I was born at the dawn of time;
prehistoric humans invented me; as one of their
descendants, you should be free to draw me and sell
your original art using my name.

My design is so basic, it can be drawn in under ten minutes. 

Hello my name is Smiley and I am going to live on a farm.

Hello, my name is Smiley; I was born at the dawn of time;
prehistoric humans invented me; as one of their
descendants, you should be free to draw me and sell
your original art using my name.

My design is so basic it can not
be credited to anyone.

Hello, my name is Smiley and I am going to live on a farm.

Hello, my name is Smiley...

To the claim that people have the right to stop others from using ubiquitous symbols in the public domain dating back over a thousand years. I call "utter jabberwocky."

Experience an agreeable period of rotation of our planet.