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.
At this point, it’s no secret that Nintendo is an extremely litigious company. In the past, we’ve seen Nintendo go after a pair of individuals over modded hardware, including the moderator of a Switch-based piracy subreddit. And, of course, there’s the ongoing dispute between Palworld and Nintendo over patent infringement.
However, while Nintendo has a reputation for only pursuing cases that it can win, it appears that the company has been bested in court. The winner? A supermarket in Costa Rica aptly named Super Mario. According to the owner, the Registro Nacional denied Nintendo’s attempt to block his trademark.
Long Live The Super Mario Store
According to some investigative reporting by Polygon, Jose Mario Alfaro González first applied for a Super Mario trademark back in 2013. Though it wasn’t until March of last year that Nintendo stepped in, when González attempted to register the name as a provider of grocery items.
By July, Nintendo of America reportedly filed an opposition, citing that the store sold more than grocery items, used Mario-centric imagery for advertising purposes, and, above all, had prior knowledge of the franchise. In defense, González’s lawyers pointed out that his store operates within the guidelines and never once promoted official Nintendo products. More so, they argued that the Super in Super Mario is in reference to it being a supermarket, a common Spanish slang.
By November, a decision was reached, and the Registro Nacional determined Nintendo’s case had no merit. The trademark has since been accepted, and while Nintendo is able to file an appeal, Polygon reports that there is no indication that it will do so. In other words, it looks like the Super Mario store is here to stay. Score for the little guys.
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