Costa Rican ‘Super Mario’ Store Prevails in Nintendo Trademark Case
Local supermarket wins right to keep its decades-old name despite challenge from gaming giant.
A family-owned supermarket in Costa Rica has successfully defended its right to use the name “Super Mario” against a legal challenge from gaming giant Nintendo. The ruling, issued by Costa Rica’s National Register, marks a significant victory for the local business in San Ramon, which has operated under the name for decades.
The trademark authority’s decision hinged on a crucial legal distinction: while Nintendo holds extensive rights to the Super Mario brand across various entertainment mediums, these protections do not extend to supermarkets and grocery stores. According to NintendoLife, this limitation in trademark scope proved decisive in the final ruling.
The supermarket’s case was strengthened by its distinct identity from Nintendo’s famous character. The store operates with a blue-and-yellow color scheme and has never incorporated Nintendo’s characters or branding elements in its marketing materials. Despite these clear distinctions, the legal battle proved challenging for the local business, with store ownership revealing they had considered abandoning the fight before the favorable ruling.
This outcome represents an unusual setback for Nintendo, a company known for its aggressive protection of intellectual property rights. The gaming company has historically taken strong legal action against various entities, from fan project developers to larger corporations, in defense of its trademarks. Recent examples include Nintendo’s lawsuit against Palworld developers over alleged patent infringements related to that game’s “Pal Spheres.”