9 Worst Attempts to Create Company Trademarks Sometimes, trademarking a phrase or image isn't a great idea By Ashley Allen, Newser User Posted Nov 17, 2010 10:08 AM CST Promoted on Newser Nov 17, 2010 3:36 PM CST 4 comments Comments Sorry, Wal-Mart, but the Smiley Face isn't yours. (Flickr) (User Submitted) – Protecting one's brand is a cardinal rule of business, but sometimes attempts to trademark phrases and the like seem off the mark. 24/7WallSt rounds up nine of what it sees as the most absurd: Nintendo, "It's On Like Donkey Kong:" The video game company wants to own rights to this phrase, which can be traced back to a 1992 song by Ice Cube. Subway, "Footlong:" The sub-maker has applied to register this common phrase and prevent other restaurants from advertising 12-inch meals. Wal-Mart, Smiley Face: The megastore was disappointed to find it could not gain rights to this 1970s classic. Click here to read the full list.