Summary
- Over the years, Nintendo has been known to file lawsuits in attempts to “protect” its brand.
- In the most recent example, Nintendo went after a Costa Rican supermarket named Super Mario.
- However, in a case of the little guy winning, the Super Mario grocery store was allowed to retain its trademark despite heavy opposition from Nintendo.
Nintendo has long been known for its aggressive legal actions, often targeting individuals and companies over modded hardware, piracy, and intellectual property disputes. The gaming giant has previously pursued legal action against Switch modders and even the moderator of a piracy-focused subreddit. More recently, Nintendo has been embroiled in a high-profile dispute with Palworld over alleged patent infringement.
However, despite its reputation for winning such cases, Nintendo recently faced an unexpected legal setback. In Costa Rica, a supermarket named “Super Mario” successfully defended its trademark against Nintendo’s opposition. According to the store’s owner, the country’s Registro Nacional rejected Nintendo’s attempt to block the trademark, marking a rare loss for the company in its ongoing legal battles.
Long Live The Super Mario Store
In 2013, Jose Mario Alfaro González first applied for a trademark for “Super Mario.” However, it wasn’t until March of last year that Nintendo took action when González sought to register the name for a grocery business.
By July, Nintendo of America filed an opposition, arguing that the store sold more than just groceries, used Mario-themed imagery in its advertising, and had prior knowledge of the iconic franchise. In response, González’s legal team maintained that the business operated within legal guidelines and never marketed official Nintendo products. They also emphasized that “Super” in “Super Mario” simply referred to it being a supermarket, a common slang term in Spanish.
In November, the Registro Nacional ruled in favor of González, determining that Nintendo’s claims lacked merit. As a result, the trademark was officially accepted. While Nintendo has the option to appeal, reports suggest no indication that it will. For now, it seems the Super Mario store is here to stay—a win for the little guys.