Nintendo Loses Trademark Battle to Costa Rican Supermarket Over Super Mario Name

In a surprising turn of events, Nintendo suffered a legal setback in Costa Rica, losing a trademark battle against a small supermarket called "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 first name, Mario.

The dispute originated in 2013 when the supermarket's owner's son, Charito, registered the "Super Mario" trademark. Nintendo challenged the renewal of this trademark in 2024, citing infringement on their globally recognized Super Mario brand.

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However, the supermarket's legal team, led by advisor Jose Edgardo Jimenez Blanco, successfully 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 relief and 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 product categories across many countries, this case underscores the complexities of trademark law. This unexpected outcome highlights the challenges even major corporations face in protecting their intellectual property, particularly when confronted by smaller businesses with justifiable claims to a similar name. The Costa Rican court's decision serves as a reminder of the nuanced considerations involved in such disputes.