A small Costa Rican supermarket has emerged victorious from a legal battle against the renowned video game giant, Nintendo. José Mario Alfaro González, owner of “Super Mario” in San Ramón de Alajuela, found himself in an unexpected legal showdown when he attempted to formally register his store’s name. In Costa Rica, the term “super” is often used as shorthand for “supermarket.”
What began as a routine trademark registration process turned into a clash of the titans when Nintendo of America filed an appeal, claiming exclusive rights to the “Super Mario” name. The video game behemoth, creator of iconic titles like Super Mario Bros., asserted that the name was registered under its trademark in various classes, including clothing, games, and accessories.
However, Alfaro intended to register “Super Mario” specifically for international class 35, which covers “supply services for third parties of products from the basic food basket.” “We knew these big companies have vast resources to fight, and we had to think carefully,” said Edgardo Jiménez, Alfaro’s legal representative. “We even considered changing the supermarket’s name to avoid a lawsuit.”
But Alfaro and Jiménez persevered, and on January 21st, the National Registry issued a final notification in favor of “Super Mario” de San Ramón. It was game over for Nintendo, and the small Costa Rican business had won the legal bout. “We refuted all of Nintendo’s arguments, demonstrating their errors and our rightful claim,” Jiménez explained. “Although Nintendo’s registration covers 45 categories, it doesn’t include the specific class for suppliers of basic food products.”
As of yet, Nintendo has not issued an official statement or comment on the outcome. This legal victory is a testament to the determination of a small Costa Rican entrepreneur who stood his ground against a global corporation, proving that even the smallest of players can triumph in the face of seemingly insurmountable odds.
