[eimrine]

If there is no meme about forbidden memes than this has to be legal. Yellow Smile the first meme was not patented because its creator did not considered how popular it becomes. I think every super popular meme has its similar story.

[slimsag]

Huh? Patents have nothing to do with it, unless you were granted a license to use it then it is copyright infringement by definition. Whether they sue you over it is a different matter.

[tinus_hn]

There is such a thing as a design patent that could cover something like the smiley.

[slimsag]

> design patents do not protect pictures, images, graphic designs, patterns or any other 2-dimensional visual imagery in the abstract. A patented design must be tied to an article of manufacture. In fact, the patent examination manual known as the MPEP requires that each design patent application specify the article of manufacture in the title and claim.

[anigbrowl]

It's usually called 'smiley face' in English.