Nintendo Loses Trademark Battle to Costa Rican Supermarket Over Super Mario Name
A Costa Rican supermarket, "Súper Mario," has won a surprising legal battle against Nintendo over trademark rights to the name. The supermarket successfully argued that its use of "Súper Mario" was a legitimate combination of its business type and the manager's first name, Mario, not an attempt to capitalize on Nintendo's iconic video game character.
The dispute began in 2024 when Nintendo challenged the supermarket's trademark renewal, claiming infringement. The supermarket's trademark had been registered in 2013 by Charito, the owner's son, after his university graduation.
Image: x.com
However, the supermarket's legal team, led by Jose Edgardo Jimenez Blanco, effectively countered Nintendo's claim. They demonstrated that the name was a straightforward description of the business and its manager, not an attempt to mislead consumers or profit from Nintendo's intellectual property.
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 many countries across various product categories, this case underscores the complexities of trademark law. It demonstrates that even established global brands can face legal challenges when smaller businesses have justifiable claims to similar names. The decision serves as a reminder of the nuanced considerations involved in protecting intellectual property, even for industry giants.
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