Nintendo suffers a surprising setback in a Costa Rican trademark dispute. A small supermarket, "Súper Mario," successfully defended its trademark against the gaming giant's claim of infringement. The court ruled in favor of the supermarket, accepting their argument that the name was a legitimate combination of their business type and the owner's son's name, Mario.
The legal battle began in 2024 when Nintendo challenged the supermarket's trademark renewal, arguing it infringed on their globally recognized Super Mario brand.
Image: x.com
However, the supermarket's legal team convincingly demonstrated that the name wasn't intended to capitalize on Nintendo's intellectual property. Their defense centered on the straightforward connection between "Súper" (supermarket) and the manager's first name.
Charito, the supermarket owner's son who initially registered the trademark in 2013, expressed relief and gratitude to his legal team, stating they nearly gave up due to the disparity in size between the two entities.
While Nintendo holds exclusive rights to the Super Mario trademark in numerous product categories across many countries, this case underscores the challenges of protecting intellectual property, even for established global brands. The ruling highlights the complexities of trademark disputes and the need for thorough consideration of local contexts and legitimate uses of similar names. The outcome serves as a reminder that even giants can face unexpected legal hurdles.
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