Costa Rican Supermarket Wins Trademark Dispute for 'Super Mario'
Nintendo faces an unexpected setback in a Costa Rican trademark dispute. A small supermarket, "Súper Mario," successfully defended its use of the name against the gaming giant. The court ruled in favor of the supermarket, accepting their argument that the name was a legitimate combination of their business type and the manager's first name, Mario.
The legal battle began when the supermarket's trademark, registered in 2013, came up for renewal in 2024. Nintendo challenged the renewal, citing infringement on their globally recognized Super Mario brand.
However, the supermarket's legal team, led by Jose Edgardo Jimenez Blanco, successfully argued that the name wasn't intended to capitalize on Nintendo's intellectual property. The court accepted this defense.
Charito, the supermarket owner's son who registered the trademark, expressed relief and gratitude to his legal team, stating they nearly gave up facing such a powerful opponent.
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 smaller businesses have a justifiable claim to a similar name. The ruling serves as a cautionary tale, even for major corporations, about the complexities of safeguarding intellectual property.
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