Nintendo Loses Trademark Battle to Costa Rican Supermarket Over Super Mario Name

Nintendo Suffers Setback in Trademark Dispute with Costa Rican Supermarket

In an unexpected legal turn, gaming giant Nintendo has lost a trademark battle against a small Costa Rican supermarket, "Súper Mario," over the use of the name. 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 legal 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.

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However, the supermarket's legal team, spearheaded by advisor Jose Edgardo Jimenez Blanco, effectively countered Nintendo's claim. They successfully argued the name was a straightforward descriptor, not an attempt to capitalize on Nintendo's intellectual property. The name clearly referenced the supermarket's nature and the manager's name.

Charito expressed immense relief and gratitude towards Jimenez Blanco, 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 complexities of trademark law, particularly when large corporations face off against smaller businesses with justifiable claims to a similar name. The outcome serves as a cautionary tale, even for industry leaders, highlighting the challenges in securing complete intellectual property protection.