Nintendo's Super Mario Trademark Lost to Costa Rican Supermarket

Nintendo suffers a surprising setback in a trademark dispute with a Costa Rican supermarket, "Súper Mario." The supermarket successfully defended its use of the name, arguing it was a legitimate combination of its business type and the manager's name, Mario. This victory came after Nintendo challenged the supermarket's trademark renewal in 2024.

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The legal battle began when the supermarket's owner's son registered the "Super Mario" trademark in 2013. Nintendo contended the name infringed on their globally recognized Super Mario brand. However, the supermarket's legal team successfully argued the name was descriptive and not intended to capitalize on Nintendo's intellectual property.

The supermarket's owner expressed relief and gratitude to their legal advisor, Jose Edgardo Jimenez Blanco, stating they nearly gave up due to the disparity in resources. The ruling confirms the supermarket's right to continue using the "Súper Mario" name.

While Nintendo holds exclusive rights to the Super Mario trademark in many countries across various product categories, this case underscores the challenges of trademark protection, particularly when facing businesses with a legitimate claim to a similar name. The outcome serves as a cautionary tale, even for major corporations, highlighting the complexities of intellectual property disputes.