The Japanese console giant Nintendo, which often comes to the agenda with its copyright lawsuits, lost the case this time by hitting a hard rock.
Gaming and console giant Nintendo suffered an unexpected defeat in a trademark lawsuit in Costa Rica. The company lost its lawsuit against a local supermarket that used the name “Super Mario” and failed to obtain the right to use the trademark. Here are the details!
Super Mario Market's unexpected victory!
The supermarket named 'Super Mario', located in the San Ramon region of Costa Rica, attracted Nintendo's attention because of its name. The name 'Super Mario' has been used legally for decades, as the supermarket was named after owner Don Jose Mario Alfaro González. But last year, when Mario's son Carlos Alfaro wanted to renew the trademark's registration, Nintendo stepped in and objected.
Nintendo argued that the name Mario was registered under its trademarks worldwide and could not be used. However, trademark authorities in Costa Rica ruled in favor of the market, stating that Nintendo had not explicitly registered the name for supermarkets. The Alfaro family emphasized that locals have known them as 'Super Mario' for years and that the name only applies to supermarket chains.
After the ruling, Carlos Alfaro announced his victory in a Facebook post. Stating that it was difficult to fight a big company during the court process, Alfaro said, “We thought about giving up for a moment, but we finally won. Now the name Super Mario is here to stay!”
Nintendo has been aggressive in protecting its intellectual property rights. It has previously fought fierce legal battles against fan-made projects, ROM sites and counterfeit products. This time, however, losing a lawsuit against a local business is seen as a significant blow to Nintendo's brand protection strategy.