Nintendo Loses Trademark Battle to Costa Rican Supermarket Over Super Mario Name

Nintendo suffers a setback in a trademark dispute with a Costa Rican supermarket. The supermarket, "Súper Mario," successfully defended its use of the name against the gaming giant. The court ruled in favor of the supermarket, acknowledging that the name was a legitimate combination of its business type and the owner's son's name, Mario.

The legal battle began when Nintendo challenged the supermarket's trademark renewal in 2024, arguing infringement on their globally recognized Super Mario brand.

However, the supermarket's legal team effectively countered Nintendo's claim, demonstrating that the name wasn't intended to capitalize on Nintendo's intellectual property. The straightforward combination of "supermarket" and "Mario" proved sufficient to uphold the trademark.

The supermarket owner's son, Charito, expressed his gratitude to his legal team, stating that they almost conceded defeat against such a large corporation. The victory ensures the continued operation of "Súper Mario."

While Nintendo holds exclusive rights to the Super Mario trademark in many countries across various product categories, this case underscores the challenges of trademark protection, particularly when facing legitimate, albeit coincidental, name usage by smaller businesses. The outcome serves as a cautionary tale, even for industry leaders, regarding the complexities of safeguarding intellectual property.