Nintendo Clash: Costa Rican Supermarket Supermarios Lawsuit Victory

Nintendo Faces Unexpected Trademark Setback in Costa Rica

In a surprising legal turn, gaming giant Nintendo has lost a trademark dispute against a small Costa Rican supermarket, "Súper Mario." The supermarket successfully defended its use of the name, arguing it 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 argued the name infringed on its globally recognized Super Mario brand, inextricably linked to its famous video game character. The supermarket's trademark had been initially registered in 2013 by the owner's son, Charito, upon graduating from university.

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However, the supermarket's legal team, led by Jose Edgardo Jimenez Blanco, successfully countered Nintendo's claim. They convincingly demonstrated that the name was a straightforward and descriptive reference to the supermarket's nature and its manager's name, not an attempt to capitalize on Nintendo's intellectual property.

Charito expressed immense relief and gratitude to his legal advisor, stating they had considered giving up due to the disparity in size between the two entities. The victory ensures the continued operation of "Súper Mario."

While Nintendo holds exclusive rights to the Super Mario trademark across numerous product categories (video games, apparel, toys, etc.) in many countries, this case underscores the complexities of trademark law, especially when established brands encounter smaller businesses with justifiable claims to similar names. The outcome serves as a reminder that even powerful corporations can face unexpected legal challenges in protecting their intellectual property.