Nintendo just lost a trademark battle to an unexpected challenger

An image of Mario pulling back a curtain that was used for the Nintendo Switch launch
(Image credit: Nintendo)

Nintendo has reportedly just lost a legal battle in which it tried to stop a tiny Costa Rican supermarket from using its trademarked name, Super Mario. A global heavyweight like Nintendo is no stranger to throwing its legal weight against anyone who infringes on its copyright – from misusing a character's likeness to copycat logos. And, let's be honest, it's usually it's the big company that wins out in these situations.

But this time, it's three cheers for the little guy, which has successfully protected its right to use the name it has been trading under for a whopping 52 years.

Posted by supermariosr on 

Carlos "Charlito" Alfaro explains above that Nintendo allegedly "claimed that Super Mario belongs to them globally" even though it appears that the supermarket has been using the name for 12 years longer than the video game maker (though the supermarket brand was only registered in 2013.)

The saving grace for the supermarket is a technicality in the trademark wording – Nintendo's registration covers a whole host of categories, but doesn't cover the sale of groceries. Hurrah!

This is one of the most heart-warming ends to a legal tale I've seen – and one of those that makes me wonder about the motivations behind the actions of corporate lawyers. Quite why it would harm Nintendo to have a small Costa Rican supermarket with the same name as one of its characters is beyond me – I can see much more of a problem with confusing logo infringements, like the one with Marc Jacobs and Nirvana than a naming issue like this. But I also suppose the line has to be drawn somewhere.

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Georgia Coggan
Editor

Georgia has worked on Creative Bloq since 2018, and has been the site's Editor since 2023. With a specialism in branding and design, Georgia is also Programme Director of CB's award scheme – the Brand Impact Awards. As well as immersing herself with the industry through attending events like Adobe Max and the D&AD Awards and steering the site's content streams, Georgia has an eye on new commercial opportunities and ensuring they reflect the needs and interests of creatives.