In a surprising legal defeat, Nintendo has lost a trademark battle against a small supermarket in Costa Rica over the use of the name "Super Mario." The store, named "Súper Mario," successfully defended its trademark in court by proving that the name was a combination of its business type (a supermarket) and the first name of its manager, Mario.
The dispute began when Charito, the son of the supermarket's owner, registered the "Super Mario" trademark in 2013 after graduating from university. When the trademark came up for renewal in 2024, Nintendo challenged it, claiming it infringed on their globally recognized Super Mario brand, which is synonymous with their iconic video game character.
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However, the supermarket's legal team, led by advisor and accountant Jose Edgardo Jimenez Blanco, argued that the name was not an attempt to profit from Nintendo's intellectual property. Instead, they demonstrated that the name was a straightforward reference to the store's nature as a supermarket and the manager's name, Mario.
"I am really grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who managed the registration and following trademark battle," Charito said, expressing his relief and appreciation. "We were considering giving up. How could we ever take on such a massive business entity? But Edgardo and I weren't going to back down, and we got some positive news a few days ago. 'Súper Mario' will never go away."
In many countries, Nintendo is the exclusive owner of the Super Mario trademark in a variety of products, such as video games, clothing, and toys. The company did not, however, anticipate a situation in which a local business would independently use the name for justifiable purposes.
This case highlights the complexities of trademark disputes, especially when global brands like Nintendo face off against small businesses with genuine claims to a name. It also serves as a reminder that even industry giants can encounter legal challenges in protecting their intellectual property.
