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Nintendo is known to be no stranger to protecting its assets or taking action if it feels another entity is encroaching, but this time, a small supermarket in Costa Rica has claimed a victory.
The store in San Ramon, in the Alajuela province of the Central American nation, has been trading under the Super Mario brand for decades.
It has been said the name is derived from its owner, Don José Mario Alfaro González, who is known as Mario, and the fact it is a ‘super’ market.
All was well with the outlet until Mario’s son, Carlos, attempted to renew the registered trademark for their business.
That action attracted the attention of the Japanese media conglomerate which decided to pursue the modest shop in Costa Rica.
Posting on Super Mario’s Facebook page, Carlos ‘Charlito’ Alfaro detailed how the store was first registered in 2013, with no issues over the last decade. Then last year, when it was time to renew the status, a legal battle ensued.
In such a contest, you would usually expect the giant to come out on top, but this turned out to be more of a David v Goliath situation.
Super Mario declared victory over its mighty adversary, the Nintendo group, with effusive thanks given to the store’s legal representatives on the Facebook page.
“Thank you enormously to my legal advisor and accountant José Edgardo Jimenez Blanco who took care of the registration and the subsequent fight for the right to a trademark,” said Carlos.
“For a moment we thought about throwing in the towel, how were we going to win (the fight against) such a commercial monster? More with the amount of legal documents submitted by them to ensure the victory.
“Well, by that Edgardo and I stood firm, and a few days ago we received the good news.
“Super Mario is here to stay,” he declared.
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Un super mercado local de Costa Rica se papeo a Nintendo. https://t.co/4cp4oTCK9H pic.twitter.com/ey9wB0EVUz
— kylehyde en bluesky (@kyle_hyde) January 29, 2025
How did the giant fall?
It appears Nintendo’s downfall in this case came from what the company didn’t do previously, as opposed to what it did.
The computer games heavyweight had previously registered trademarks for Super Mario across IP involving video games, toys, clothing, and more. However, no action or direction was filed regarding the name of grocery stores and this was crucial for the outcome.
On this basis, Costa Rica’s trademark authority made its ruling in favor of the San Ramon store.
Their case was helped by their branding. Its yellow and blue tones and wording, “Super Mario – Su lugar de confianza” (Super Mario – your trusted place), doesn’t refer to the famous Nintendo series, the character, or video games at all.
Mario, Carlos, and all involved are said to be relieved and happy with the outcome, with customers able to collect a celebratory sticker to show their support and solidarity.
Image credit: Via Grok/X
