Mario Name Suit: Nintendo Defeated by Costa Rican Supermarket

Nintendo Suffers Setback in Costa Rican Trademark Dispute

In an unexpected legal ruling, Nintendo has lost a trademark battle against a small Costa Rican supermarket, "Súper Mario," over the use of the name. The supermarket successfully defended its trademark, arguing the name was a legitimate combination of its business type and its manager's first name, Mario.

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

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However, the supermarket's legal team, led by Jose Edgardo Jimenez Blanco, successfully argued the name wasn't intended to capitalize on Nintendo's intellectual property. The court accepted their evidence linking the name to the supermarket's nature and the manager's name.

Charito expressed gratitude to his legal advisor, stating they nearly conceded defeat against such a large corporation. The victory ensures the supermarket's continued operation under the "Súper Mario" name.

While Nintendo holds exclusive rights to the Super Mario trademark in numerous product categories across many countries, this case underscores the challenges of trademark protection, particularly when facing smaller businesses with justifiable claims to a similar name. The outcome serves as a reminder that even powerful corporations can face legal setbacks in defending their intellectual property.