Costa Rican Supermarket Triumphs in Trademark Dispute with Nintendo

Nintendo Suffers Trademark Setback in Costa Rica

In an unexpected legal outcome, Nintendo has lost a trademark dispute against a small Costa Rican supermarket, "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 legal battle began in 2024 when Nintendo challenged the supermarket's trademark renewal. Nintendo asserted the name infringed on its globally recognized Super Mario brand, inextricably linked to its famous video game character. The supermarket's trademark was initially registered in 2013 by the owner's son, Charito, following his university graduation.

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However, the supermarket's legal defense, spearheaded by advisor Jose Edgardo Jimenez Blanco, successfully argued the name was not intended to capitalize on Nintendo's intellectual property. The court accepted the explanation that "Súper Mario" was a straightforward descriptor of the business and its manager.

Charito expressed immense relief and gratitude towards his legal team, stating they nearly conceded defeat against such a formidable opponent. The victory ensures the continued operation of "Súper Mario" under its current name.

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 established brands encounter smaller businesses with credible claims to a similar name. The outcome serves as a cautionary tale, even for industry giants facing challenges in protecting their intellectual property.