Wal-Mart began phasing out the smiley face on its vests and its website in 2006. Despite that, Wal-Mart sued an online parodist for alleged "trademark infringement" after he used the symbol. The District Court found in favor of the parodist when in March 2008, the judge concluded that Wal-Mart's smiley face logo was not shown to be "inherently distinctive" and that it "has failed to establish that the smiley face has acquired secondary meaning or that it is otherwise a protectable trademark" under U.S. law.