In a surprising legal victory, a family-owned supermarket named “Super Mario” in San Ramón, Costa Rica, has successfully defended its trademark against video game giant Nintendo. The supermarket, which has been operating for decades, does not reference the famous video game series beyond its name. The dispute began when Mario’s son attempted to renew the supermarket’s registered trademark last year.
Nintendo challenged the renewal, leveraging its significant legal resources. The father and son duo were initially doubtful about their chances against what they termed as a “commercial monster.”
“I would like to greatly thank my legal and accounting advisor José Edgardo Jiménez Blanco who was in charge of the registration and the subsequent fight for the trademark rights,” said Mario. “For a moment we thought about throwing in the towel.
How were we going to win against such a commercial monster? Especially with the number of legal documents presented by them to ensure victory.
Supermarket triumph in trademark battle
Well, luckily Edgardo and I stood firm and a few days ago we received the good news.”
Costa Rica’s trademark authority, the National Register, sided with the local supermarket, ruling that although Nintendo has trademarked ‘Super Mario’ under various categories, it does not include supermarkets or the sale of groceries. The supermarket’s logo bears no resemblance to Nintendo’s intellectual property and reads “Super Mario – Su lugar de confianza” which translates to “Super Mario – your trusted place.” The family-owned business has become a local symbol of resilience against corporate pressure. “This is a giant step towards our vision,” Mario added.
“The reason a company this big is getting picky is because we are making ourselves noticed. SUPER MARIO is here to stay.”
This legal victory for the local supermarket stands as a precedent in trademark law, especially for small businesses. Nintendo’s challenge highlights the complexities of trademark issues and the importance of specific categories in legal definitions.
The supermarket celebrated the win by offering free stickers with their logo to customers who visit the store. The community has shown strong support for the local business, and the case has gained international attention. While the battle might have been daunting, the outcome reassures small businesses worldwide that it is possible to stand up to large corporations and win.
