Nintendo Denied Trademark Win Against Costa Rican Supermarket

In a surprising legal outcome, Nintendo has lost a trademark dispute with a small supermarket in Costa Rica over the name "Super Mario." The store, called "Súper Mario," successfully argued in court that its name was a combination of the business type (supermarket) and the first name of its manager, Mario.

The conflict started when Charito, the supermarket owner's son, registered the "Super Mario" trademark in 2013 after finishing university. When renewal came up in 2024, Nintendo contested it, claiming it violated their world-famous Super Mario brand, linked to the legendary video game character.

Image: x.com

The supermarket’s legal advisor and accountant, Jose Edgardo Jimenez Blanco, contended that the name was not an attempt to capitalize on Nintendo's intellectual property. Instead, he showed that the name simply referred to the store as a supermarket run by a manager named Mario.

"I'm extremely grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who handled the registration and the subsequent trademark fight," Charito remarked, sharing his relief. "We almost thought about quitting. How could we possibly challenge such a huge corporation? But Edgardo and I stood our ground, and we recently received good news—'Súper Mario' is here to stay."

In many countries, Nintendo holds exclusive rights to the Super Mario trademark for products like video games, apparel, and toys. However, the company hadn't anticipated a scenario where a local business would independently use the name for legitimate reasons.

This case underscores the nuances of trademark conflicts, particularly when global brands like Nintendo confront small businesses with valid claims to a name. It also serves as a reminder that even industry leaders can face legal hurdles when enforcing their intellectual property rights.