Wal-mart is worried about this?

I'm not a supporter of Wal-mart, but I do admire them for their capitalistic success. While I may admire them for that, I still do my business at their competitors. My favorite being Meijer. I saw an article in which Wal-mart wants to keep a man from marketing t-shirts with logos such as the one above. Wal-mart claims trademark infringement. The man, Charles Smith, claims free speech.

I like the idea and would probably get one if they sold them in a store. Hey, I'm not comfortable ordering stuff over the internet. As for this going to court, I'm not sure. I can see it being a free speech issue. He does have a gripe against Wal-mart and the average reader would know what kind of message the t-shirt sends. The "logo" doesn't confuse a person to buy a product or shop at a different store. The smiley face isn't owned by Wal-mart. The font used for the "Wal [squigly]" is not the same one used by Wal-mart. My only question is, does the fact that the t-shirt makes a profit using the "Wal [squigly]" constitute infringement?

Article here.

Buy a t-shirt here.

Or go to Wal-mart here.