In a surprising turn of events, Nintendo has lost a trademark dispute with a small supermarket in Costa Rica over the use of the name "Super Mario." The store, aptly named "Súper Mario," successfully defended its trademark in court by proving that the name was derived from its business model (a supermarket) and the first name of its manager, Mario.
The legal battle commenced when Charito, the son of the supermarket's owner, registered the "Super Mario" trademark in 2013, shortly after his university graduation. When the trademark renewal was due in 2024, Nintendo contested it, asserting that it infringed upon their globally recognized Super Mario brand, synonymous with their iconic video game character.
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However, the supermarket’s legal team, led by advisor and accountant Jose Edgardo Jimenez Blanco, convincingly argued that the name was not an attempt to capitalize on Nintendo’s intellectual property. They demonstrated that the name was a straightforward combination of the store’s type, a supermarket, and the manager's name, Mario.
"I am truly grateful to my accountant and legal advisor, Jose Edgardo Jimenez Blanco, who managed the registration and subsequent trademark battle," Charito expressed, reflecting his relief and gratitude. "We were on the verge of giving up. How could we possibly stand against such a formidable corporation? But Edgardo and I refused to back down, and just a few days ago, we received the wonderful news that 'Súper Mario' will remain with us forever."
In numerous countries, Nintendo holds the exclusive rights to the Super Mario trademark across various products, including video games, clothing, and toys. However, the company did not anticipate a local business using the name for legitimate purposes.
This case underscores the intricate nature of trademark disputes, particularly when global giants like Nintendo confront small businesses with legitimate claims to a name. It also serves as a reminder that even industry leaders can face legal challenges in safeguarding their intellectual property.