Nintendo Faces Trademark Setback: Costa Rican Supermarket Wins "Super Mario" Dispute
In an unexpected legal outcome, Nintendo has lost a trademark battle against a small Costa Rican supermarket using the name "Súper Mario." The supermarket successfully defended its trademark, arguing the name was a legitimate combination of its business type and its manager's first name, Mario.
The conflict began in 2013 when the supermarket owner's son, Charito, registered the "Super Mario" trademark. Nintendo challenged the renewal of this trademark in 2024, citing infringement on their globally recognized Super Mario brand.
However, the supermarket's legal team, under the guidance of advisor Jose Edgardo Jimenez Blanco, successfully argued the name wasn't an attempt to capitalize on Nintendo's intellectual property. They presented evidence that the name directly reflected the supermarket's nature and the manager's name.
Charito expressed immense gratitude to his legal team, stating they nearly conceded defeat against such a powerful opponent. The victory ensures the continued operation of "Súper Mario."
While Nintendo holds exclusive rights to the Super Mario trademark in numerous product categories across many countries, this case underscores the challenges of trademark protection, particularly when large corporations confront smaller businesses with valid claims to a similar name. This legal battle serves as a cautionary tale, even for industry giants, highlighting the complexities of safeguarding intellectual property.