In an unexpected legal turn of events, Nintendo has been defeated in a trademark dispute against a small supermarket in Costa Rica known as "Súper Mario." The store successfully argued in court that its name was a legitimate combination of its business type (a supermarket) and the first name of its manager, Mario, rather than an attempt to capitalize on Nintendo's famous Super Mario brand.
The legal battle commenced when Charito, the son of the supermarket's owner, registered the "Super Mario" trademark in 2013 following his university graduation. The issue resurfaced in 2024 when Nintendo contested the trademark upon its renewal, asserting that it infringed upon their renowned Super Mario brand, which is a cornerstone of their video game empire.
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However, the supermarket's legal team, headed by advisor and accountant Jose Edgardo Jimenez Blanco, convincingly argued that the name "Súper Mario" was a simple and direct reference to the store’s nature as a supermarket and the manager's name, Mario. They emphasized that the use of the name was not an attempt to profit from Nintendo's intellectual property.
"I am truly thankful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who expertly managed both the registration and the subsequent trademark battle," Charito stated, expressing his relief and gratitude. "We were on the brink of giving up, wondering how we could possibly challenge a giant like Nintendo. But Edgardo and I stood firm, and we received some fantastic news just a few days ago. 'Súper Mario' is here to stay."
Nintendo holds exclusive rights to the Super Mario trademark across numerous products like video games, clothing, and toys in many countries. However, the company did not anticipate a local business using the name for legitimate, non-infringing purposes.
This case underscores the intricate nature of trademark disputes, particularly when global corporations like Nintendo confront small businesses with valid claims to a name. It also serves as a poignant reminder that even industry leaders can face legal hurdles in safeguarding their intellectual property.
