A Costa Rican supermarket, "Súper Mario," has unexpectedly triumphed in a trademark battle against Nintendo. The dispute arose when Nintendo challenged the supermarket's use of the name, arguing it infringed on their globally recognized "Super Mario" brand. However, the supermarket successfully defended its trademark, proving the name was a legitimate combination of its business type ("supermarket") and its manager's first name, Mario.
The trademark was initially registered in 2013 by Charito, the supermarket owner's son, following his university graduation. Nintendo's challenge came during the 2024 renewal. The supermarket's legal team, guided by advisor Jose Edgardo Jimenez Blanco, effectively argued that the name wasn't intended to capitalize on Nintendo's intellectual property.
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Charito expressed immense gratitude to Jimenez Blanco, stating they nearly conceded defeat against such a powerful corporation. Their perseverance, however, secured the continued use of the "Súper Mario" name.
While Nintendo holds exclusive rights to the "Super Mario" trademark in numerous product categories across many countries, this case demonstrates an unforeseen circumstance where the name was used independently and justifiably. This legal outcome underscores the complexities of trademark disputes, highlighting the challenges even major corporations face in protecting their intellectual property, particularly when confronted by smaller businesses with legitimate claims.
