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 the name was a legitimate combination of its business type and the manager's first name, Mario. The dispute arose when the supermarket renewed its trademark in 2024, prompting a challenge from Nintendo who cited infringement on their globally recognized Super Mario brand.
The supermarket's legal team, led by Jose Edgardo Jimenez Blanco, countered that the name wasn't intended to capitalize on Nintendo's intellectual property. They successfully proved the name's straightforward connection to the supermarket's nature and the manager's name. Charito, the son of the supermarket's owner and responsible for the initial trademark registration in 2013, expressed relief and gratitude to his legal team, stating they nearly gave up facing such a large corporation.
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While Nintendo holds exclusive rights to the Super Mario trademark in many countries across various products, this case underscores the complexities of trademark disputes, particularly when established brands clash with smaller businesses with justifiable claims to a similar name. The outcome serves as a reminder that even major corporations can face legal setbacks in protecting their intellectual property.