Nintendo Faces Unexpected Setback in Costa Rican Trademark Dispute
In a surprising legal turn, gaming giant Nintendo has lost a trademark battle against a small Costa Rican supermarket, "Súper Mario," over the use of the "Super Mario" 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 challenge began in 2024 when Nintendo contested the renewal of the supermarket's trademark, registered in 2013 by the owner's son, Charito, upon graduating from university. Nintendo argued the name infringed on their globally recognized Super Mario brand.
Image: x.com
However, the supermarket's legal team, led by advisor Jose Edgardo Jimenez Blanco, successfully countered Nintendo's claim. They presented evidence demonstrating the name's straightforward connection to the supermarket's nature and the manager's name, proving it wasn't an attempt to capitalize on Nintendo's intellectual property.
Charito expressed relief and gratitude towards his legal advisor, stating they considered giving up due to the disparity in size between the two entities. He emphasized their determination to fight the case, ultimately securing a victory for "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 disputes, particularly when established brands face challenges from smaller businesses with justifiable claims to a similar name. The outcome serves as a reminder that even major corporations can face legal hurdles in protecting their intellectual property.