In a surprising turn of events, Nintendo lost a trademark battle against a small Costa Rican supermarket called "Súper Mario." The supermarket successfully defended its trademark, arguing the name was a genuine combination of its business type (supermarket) 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, after 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 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 (including video games, clothing, and toys), this case underscores the complexities of trademark law, particularly when global brands face challenges from smaller businesses with legitimate claims to a similar name. The outcome serves as a reminder that even the most powerful companies can encounter unexpected legal hurdles in protecting their intellectual property.
