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

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, aptly named "Súper Mario," successfully defended its trademark in court by demonstrating that the name was a combination of its business type (a supermarket) and the first name of its manager, Mario.

The dispute originated 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, asserting that it infringed on their globally recognized Super Mario brand, which is synonymous with their iconic video game character.

Image: x.com

However, the supermarket’s legal team, led by advisor and accountant Jose Edgardo Jimenez Blanco, argued convincingly that the name was not an attempt to exploit Nintendo’s intellectual property. They presented evidence that the name was a straightforward reference to the store’s nature as a supermarket and the manager’s name, Mario.

"I am truly grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who managed the registration and subsequent trademark battle," Charito said, expressing his relief and appreciation. "We were on the brink of giving up. How could we possibly stand against such a formidable corporation? But Edgardo and I were determined to fight, and just a few days ago, we received some fantastic news. 'Súper Mario' will remain with us forever."

In many countries, Nintendo holds exclusive rights to the Super Mario trademark across various products, including video games, clothing, and toys. Yet, the company did not anticipate a scenario where a local business would legitimately use the name for non-competitive purposes.

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