In a surprising legal setback, Nintendo lost a trademark battle against a small Costa Rican supermarket, "Súper Mario," over the use of the name. The supermarket successfully defended its trademark, arguing the name was a genuine combination of its business type and its manager's first name, Mario.

The dispute began in 2024 when Nintendo challenged the supermarket's trademark renewal, claiming infringement on its globally recognized Super Mario brand. The supermarket's owner's son, Charito, had originally registered the trademark in 2013.

Image: x.com

However, the supermarket’s legal team, led by advisor Jose Edgardo Jimenez Blanco, successfully argued the name wasn't intended to capitalize on Nintendo's intellectual property. They convincingly demonstrated the name's straightforward connection to the supermarket's nature and the manager's name.

Charito expressed relief and gratitude to his legal advisor, 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."

Nintendo holds exclusive rights to the Super Mario trademark in numerous product categories across many countries, including video games, clothing, and toys. This case, however, underscores the unexpected challenges faced when defending intellectual property against businesses with legitimate claims to a similar name.

This case highlights the complexities of trademark law, particularly the challenges faced by global brands when confronted by small businesses with justifiable use of a similar name. It serves as a reminder that even the largest corporations can face legal hurdles in protecting their intellectual property.