"Nintendo Defeated in Trademark Clash with Costa Rican Supermarket Over Super Mario"

In a surprising legal defeat, Nintendo has lost a trademark battle against a small supermarket in Costa Rica over the use of the name "Super Mario." The store, named "Súper Mario," successfully defended its trademark in court by proving that the name was a combination of its business type (a supermarket) and the first name of its manager, Mario.

The dispute began when Charito, the son of the supermarket’s owner, registered the "Super Mario" trademark in 2013 after graduating from university. When the trademark came up for renewal in 2024, Nintendo challenged it, claiming it infringed on their globally recognized Super Mario brand, which is synonymous with their iconic video game character.

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However, the supermarket’s legal team, led by advisor and accountant Jose Edgardo Jimenez Blanco, effectively argued that the name was not an attempt to profit from Nintendo’s intellectual property. They demonstrated that "Súper Mario" was a straightforward reference to the store’s nature as a supermarket and the manager’s name, Mario.

"I am truly grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who managed the registration and subsequent trademark battle," Charito expressed, conveying his relief and appreciation. "We were on the verge of giving up. How could we possibly stand up to such a massive business entity? But Edgardo and I were determined, and we received some positive news a few days ago. 'Súper Mario' will continue to thrive."

In many countries, Nintendo holds exclusive rights to the Super Mario trademark across various products, including video games, clothing, and toys. However, the company did not anticipate a situation where a local business would independently use the name for legitimate purposes.

This case underscores the intricacies of trademark disputes, particularly when global brands like Nintendo confront small businesses with legitimate claims to a name. It also serves as a reminder that even industry giants can face legal challenges in safeguarding their intellectual property.