Nintendo suffers a surprising setback in a trademark dispute with a Costa Rican supermarket, "Súper Mario." The supermarket successfully defended its trademark, arguing the name was a genuine combination of its business type and its manager's name, Mario.
The legal battle began in 2024 when Nintendo challenged the supermarket's trademark renewal, claiming infringement on its globally recognized Super Mario brand. The supermarket's owner's son, Charito, initially registered the trademark in 2013.
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However, the supermarket's legal team, led by Jose Edgardo Jimenez Blanco, successfully argued the name wasn't intended to capitalize on Nintendo's intellectual property. The court accepted their argument that the name was a straightforward description of the business and its manager.
Charito expressed gratitude to his legal team, stating they nearly gave up facing such a powerful opponent. The victory ensures the continued operation of "Súper Mario."
While Nintendo holds exclusive rights to the Super Mario trademark in many countries across various product categories, this case underscores the challenges of enforcing trademarks, particularly when facing small businesses with legitimate claims. This legal defeat serves as a reminder that even major corporations can face unexpected hurdles in protecting their intellectual property.