Costa Rican Supermarket Wins Trademark Battle Over 'Super Mario'

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.

However, the supermarket's legal team, under the guidance of advisor Jose Edgardo Jimenez Blanco, successfully argued that the name was not intended to capitalize on Nintendo's intellectual property. They presented evidence establishing the name's straightforward connection to the supermarket's nature and the manager's name.

Charito expressed relief and gratitude towards his legal team, 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.

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 confront smaller businesses with legitimate claims. The outcome serves as a reminder that even prominent brands face challenges in comprehensively protecting their intellectual property. The ruling highlights the importance of considering local context and usage when enforcing global trademarks.