In a surprising legal setback, Nintendo lost a trademark battle against a small 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 first name, Mario.
The dispute began in 2024 when Nintendo challenged the supermarket's trademark renewal, claiming infringement on their globally recognized Super Mario brand. The supermarket's trademark had been registered in 2013 by Charito, the owner's son, upon graduating university.
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However, the supermarket's legal team, led by advisor Jose Edgardo Jimenez Blanco, successfully argued the name wasn't an attempt to capitalize on Nintendo's intellectual property. They proved the name directly reflected the supermarket's nature and the manager's name.
Charito expressed immense gratitude to Jimenez Blanco, stating, "I am really grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who managed the registration and following trademark battle. We were considering giving up. How could we ever take on such a massive business entity? But Edgardo and I weren't going to back down, and we got some positive news a few days ago. 'Súper Mario' will never go away."
While Nintendo holds exclusive rights to the Super Mario trademark in numerous countries and product categories (video games, clothing, toys, etc.), they hadn't anticipated this specific use by a local business with a justifiable claim.
This case underscores the complexities of trademark law, particularly when global brands face challenges from smaller businesses with legitimate reasons for using similar names. It serves as a reminder that even powerful companies can encounter difficulties protecting their intellectual property.
