Costa Rican Supermarket Wins Trademark Case vs. Nintendo

Nintendo Suffers Setback in Costa Rican Trademark Dispute

In an unexpected legal turn, 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 the owner's manager's first name, Mario.

The legal conflict began in 2013 when the supermarket's owner's son registered the "Super Mario" trademark. Nintendo's 2024 challenge, citing infringement on their globally recognized Super Mario brand, was ultimately unsuccessful.

The supermarket's legal team, led by advisor Jose Edgardo Jimenez Blanco, effectively countered Nintendo's claim. They convincingly argued the name was a descriptive reference to the supermarket's nature and the manager's name, not an attempt to capitalize on Nintendo's intellectual property.

"I'm incredibly thankful to my advisor, Jose Edgardo Jimenez Blanco," stated the supermarket owner's son, Charito, expressing his relief. "We almost gave up, facing such a giant. But we persevered, and 'Súper Mario' will remain."

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. It demonstrates that even established global brands can face legal hurdles in protecting their intellectual property, particularly when confronted by smaller businesses with justifiable claims to a similar name. The ruling highlights the importance of thorough trademark research and the potential for unexpected outcomes in such disputes.