Nintendo suffers a surprising legal setback in Costa Rica, losing a trademark dispute against a small supermarket named "Súper Mario." The supermarket successfully defended its trademark, arguing the name was a genuine combination of its business type and its manager's first name.
The legal battle began in 2024 when Nintendo challenged the supermarket's trademark renewal, claiming infringement on their globally recognized Super Mario brand. The supermarket's owner's son, Charito, had registered the trademark in 2013.
However, the supermarket's legal team, spearheaded by Jose Edgardo Jimenez Blanco, effectively argued the name wasn't intended to capitalize on Nintendo's intellectual property. They convincingly demonstrated the name's straightforward connection to the supermarket's nature and the manager's name.
Charito expressed immense gratitude to his legal advisor, stating they nearly conceded defeat before receiving the favorable ruling. The "Súper Mario" supermarket will continue operations.
While Nintendo holds exclusive rights to the Super Mario trademark in numerous product categories across many countries, this case underscores the unforeseen challenges of trademark protection. The ruling emphasizes the complexities of such disputes, particularly when large corporations confront smaller businesses with legitimate claims to a similar name. The outcome serves as a cautionary tale, even for industry giants, highlighting the potential difficulties in safeguarding intellectual property.
