A Costa Rican supermarket, "Súper Mario," has surprisingly won a trademark battle against Nintendo over the use of the name. The supermarket successfully argued that "Súper Mario" was a legitimate combination of its business type (supermarket) and the 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 was initially registered in 2013 by Charito, the owner's son, after graduating from university.
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However, the supermarket's legal team, led by advisor Jose Edgardo Jimenez Blanco, successfully countered Nintendo's claim. They proved the name wasn't intended to capitalize on Nintendo's intellectual property, but rather a straightforward description of the business and its manager.
Charito expressed relief and gratitude towards 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. The ruling highlights that even established global brands can face legal challenges when smaller businesses have justifiable claims to similar names. It serves as a reminder of the intricacies involved in protecting intellectual property, even for industry giants.