The creator of the smiley face has declared commercial warfare on those who have profited from the friendly yellow icon he squiggled for an insurance company 35 years ago.

Graphic artist Harvey Ball, who earned $45 for designing the joyful face, has formed the World Smile Corp. His "signature smiley" products will include his signature inside the smiley drawing. Profits from greeting cards, buttons and other products will go to charity.

Last spring, Ball learned that French entrepreneur Franklin Loufrani had registered the smiley trademark in more than 75 countries and was threatening to sue U.S. companies that sell smiley products overseas.

The 77-year-old Ball thought about a lawsuit but decided he just couldn't sue over a smile. "It's repugnant. Yucky," he said Wednesday.

Suing Loufrani would also tie him up for years, perhaps decades, in litigation without a certain outcome, said Ball's son, Charlie, a lawyer.

"Smiley's been pretty successful in the commercial arena," Charlie Ball said. "If we're going to take it to Loufrani, let's do it in the marketplace."

Nicholas Loufrani, Franklin Loufrani's son and vice president of marketing for London-based Smiley Licensing Corp., wishes Ball the best.

"He has the right to use the smiley character in the U.S.," he said. "If he's able to sell smiley products and give the money to charity, that's great."