On: Yes, Someone Actually Patented The ;-) Emoticon

[s_baar]

I'd like to see the Trademark Application for this. Is it public record? I mean, he certainly didn't start this, so where is this claim coming from?

[anamax → s_baar]

Don't confuse trademark with copyright. Copyright goes to creators (or their employers in the case of work for hire). Trademarks go to folks who develop/have associations.

They're not always the same.