Nintendo Defeated in Trademark Clash with Costa Rican Supermarket Over Super Mario

Apr 18,25

In a surprising turn of events, Nintendo has faced a legal defeat in a trademark dispute against a small supermarket in Costa Rica named "Súper Mario." The store successfully defended its trademark, proving that the name was a simple combination of its business type (a supermarket) and the first name of its manager, Mario.

The legal battle began when Charito, the son of the supermarket's owner, registered the "Super Mario" trademark in 2013 after graduating from university. The dispute escalated when Nintendo challenged the trademark's renewal in 2024, arguing that it infringed on their iconic Super Mario brand, known worldwide for its video game character.

Super Mario SupermarketImage: x.com

However, the supermarket's legal team, led by advisor and accountant Jose Edgardo Jimenez Blanco, convincingly argued that the name was not an attempt to capitalize on Nintendo's intellectual property. They demonstrated that "Súper Mario" was merely a straightforward reference to the store's nature and the manager's name.

"I am truly grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who expertly managed the registration and subsequent trademark battle," Charito expressed, filled with relief and gratitude. "We were on the verge of giving up. How could we possibly stand up to a giant like Nintendo? But Edgardo and I were determined, and just a few days ago, we received the wonderful news that 'Súper Mario' is here to stay."

Nintendo holds the exclusive rights to the Super Mario trademark across various products, including video games, clothing, and toys, in many countries. However, they did not anticipate a scenario where a local business would use the name for legitimate reasons.

This case underscores the intricacies of trademark disputes, particularly when global brands like Nintendo confront small businesses with valid claims to a name. It also serves as a reminder that even industry giants can face legal challenges in safeguarding their intellectual property.

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