Nintendo suffers a setback in a trademark dispute with a Costa Rican supermarket, "Súper Mario." The supermarket successfully defended its use of the name, arguing it was a legitimate combination of its business type and the owner's son's name, Mario. This counters Nintendo's claim of trademark infringement on their globally recognized "Super Mario" brand.
The legal battle began with a 2013 trademark registration by the supermarket's owner's son, Charito, following his university graduation. Nintendo's challenge during the 2024 renewal was ultimately unsuccessful.
Image: x.com
The supermarket's legal team, led by Jose Edgardo Jimenez Blanco, effectively argued the name's descriptive nature, relating to both the supermarket's function and the manager's name, negating any intent to capitalize on Nintendo's intellectual property. Charito expressed gratitude for Blanco's crucial role in securing the victory.
While Nintendo holds exclusive rights to the "Super Mario" trademark across numerous product categories in many countries, this case underscores the challenges of enforcing these rights, particularly against smaller entities with justifiable use of similar names. The ruling serves as a cautionary tale, even for industry giants, regarding the complexities of intellectual property protection. The unexpected outcome highlights the importance of thorough trademark research and strategic legal representation in navigating such disputes.
