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A Costa Rican supermarket has claimed victory against Nintendo in a trademark battle over its name: Super Mario.

The Super Mario shop in San Ramón is allegedly named as such because it is a "super" market run by a local man named Mario.

But despite trading under the Super Mario name for decades, Nintendo recently took an interest when Mario's son Charlito attempted to renew the shop's registered trademark.

In a post on the shop's Facebook page, which he maintains alongside working in his dad's shop, Charlito says he first registered Super Mario shop as a brand shortly after graduating from university in 2013.

Last year it was time to renew the registration, Charlito stated, which prompted Nintendo to get involved.

"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," Charlito wrote.

"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," he continued. "SÚPER MARIO is here to stay."

While Nintendo has trademarked the use of Super Mario worldwide under numerous categories, including video games, clothing and toys, it appears the company did not specifically state anything about the names of supermarkets.

This, Charlito says, was the key factor in the decision by Costa Rica's trademark authority, the National Register, to side with the supermarket.

Apart from the Super Mario name, the shop's logo is otherwise devoid of reference to Nintendo. It's a simple yellow and dark blue design with the wording: "Super Mario - Su lugar de confianza" which translates to "Super Mario - your trusted place".

Further celebrating Super Mario's victory, Charlito posted a video showing his dad Mario in the background.

"That man you see there, he is Don Mario, he is my dad, and he has 52 years of being here and he is Super Mario," Charlito said.

"Well now, we are trending, everyone is talking about us for the resolution by the National Register that gave the decision in our favour for the brand Super Mario - which, by the way, here you can ask the cashiers for a sticker."

At this point in the video, Charlito holds up a free sticker customers can collect with the shop's Super Mario logo on.

Charlito concluded by saying he's just happy for his dad - whose hard work in the shop is always underappreciated.

Nintendo loses trademark fight against Super Mario supermarket

A Costa Rican supermarket has claimed victory against Nintendo in a trademark battle over its name: Super Mario.

www.eurogamer.net

 

[nial]

It's always great to see the yakuza toy company losing a fight/lawsuit.

 

[PJX]

 

[Pejo]

Good good good. Wish they had a way to countersue for millions, but it seems they just got out on the loophole that Nintendo doesn't own copyright in grocery stores.

Fuck Nintendo's legal team.

 

[Chuck Berry]

If ever there needs to be a dumpster fire for gifs this one would be first to go.

 

[Cyberpunkd]

If ever there needs to be a dumpster fire for gifs this one would be first to go.

 

[Saber]

Hopefully this cool down Nintendo pussy on the whole suing everybody stuff. It's literally using power and money to bully small entities.

 

[Parazels]

I respect Nintendo, but it's not good, when ordinary words become a "trademark" simply because some corporation registers them.

 

[Kadve]

Good good good. Wish they had a way to countersue for millions, but it seems they just got out on the loophole that Nintendo doesn't own copyright in grocery stores.

Fuck Nintendo's legal team.

And even if they did. The fact that this store has been trading under the name for decades would probably be in his favor.

 

[SweetTooth]

Nintendo lawyers are only flexing their mustles on single-autestic hackers on their moms basement. Anything bigger than that gets them exposed immediately.

 

[HogIsland]

Good good good. Wish they had a way to countersue for millions, but it seems they just got out on the loophole that Nintendo doesn't own copyright in grocery stores.

Fuck Nintendo's legal team.

fuck nintendo

 

[Guilty_AI]

get fucked nintendo

 

[Doom85]

Nintendo feeling even remotely threatened by a solitary grocery store is like Ultra Instinct Goku feeling threatened by a sleeping puppy. What the hell.

Like, seriously, are Nintendo’s lawyers just mad with power now? Hopefully this loss on their end will cause them to, as Eminem would say, “snap back to reality”.

 

[64gigabyteram]

the fact that there's a supermarket named Super Mario is a fucking hoot though

do they sell growth mushrooms? Fire flowers? Maybe starfish that temporarily turns you into superman? I need to visit that place

 

[Digital-Aftertaste]

I respect Nintendo, but it's not good, when ordinary words become a "trademark" simply because some corporation registers them.

You lost me at "I respect Nintendo".

 

[Sintoid]

Will they go against all those Luna Park attractions with fake Mario and Yoshi cart?

 

[nial]

the fact that there's a supermarket named Super Mario is a fucking hoot though

do they sell growth mushrooms? Fire flowers? Maybe starfish that temporarily turns you into superman? I need to visit that place

Calling a supermarket 'súper' is pretty common in hispanic countries. Like saying "Let's go to the súper".
So this guy just named it after his own name, Mario.

 

[Astray]

But I thought the Nintendo Ninjas never lose a fight?

 

[FeralEcho]

Good. Get a taste of your own medicine Nintencunts. Seriously the entire Nintendo headquarters must have an entire section of the office space dedicated to their bottled farts storage that they take out for a sniff before each new meeting. Fuck these pretentious pricks.

 

[Magic Carpet]

Does everyone yell "It's a ME! Mario!" Every time they enter the market?

 

[Diddy X]

I would sue him instead for naming his son Charlito. What the hell kind of name is Charlito

 

[Tajaz2426]

Folks, if I may ask, where do you guys gets these amazing pictures from? I’m very sorry I missed technology growing up and never got invested. My most sincerest thanks for any answers.

There are many times I’d love to use one of the moving pics for posts. Also, how to put them on here, I do know how to post a picture from my phone.

 

[Kotaro]

Then Nintendo should not release Switch-2 in Costa Rica

 

[Wolzard]

I remember Apple's case against a fruit grocery store that had a pear logo and Apple sued them, claiming that it would confuse the consumer (imagine someone buying an iPhone in a fruit grocery...).

In the end, the fruit grocery reached an agreement with Apple to change the logo.

 

[Shubh_C63]

While Nintendo has trademarked the use of Super Mario worldwide under numerous categories, including video games, clothing and toys, it appears the company did not specifically state anything about the names of supermarkets.

Nintendo Lawyers and their coming generations are gonna get punished for 100 years for this.
Now they will trademark super Mario for condoms and Liquor also.

 

[Complistic]

It's always great to see the yakuza toy company losing a fight/lawsuit.

There's a better one but I can't find it.

 

[Tajaz2426]

Good on you, little super Mario, grocery store guy. Went up against Goliath without even a slingshot and still roasted those tiny bitches.

You love to see it, folks.

 

[rodrigolfp]

I would sue him instead for naming his son Charlito. What the hell kind of name is Charlito

little Charlie.

 

[Chuck Berry]

Dudes face is equally as punchable as Dreamcast Guy

 

[daffyduck]

Does everyone yell "It's a ME! Mario!" Every time they enter the market?

The owner should do that over the loudspeaker at opening.

 

[Shaki12345]

Nintendo doomed again.

 

[Putonahappyface]

Folks, if I may ask, where do you guys gets these amazing pictures from? I’m very sorry I missed technology growing up and never got invested. My most sincerest thanks for any answers.

There are many times I’d love to use one of the moving pics for posts. Also, how to put them on here, I do know how to post a picture from my phone.

 

[Puscifer]

I respect Nintendo, but it's not good, when ordinary words become a "trademark" simply because some corporation registers them.

Taylor Swift owns words, bro. You're in late stage capitalism

 

[SJRB]

But I thought the Nintendo Ninjas never lose a fight?

This guy will probably be found dead in his apartment with 7 gunshot wounds to the back of the head and a suicide note that starts with "as a large language model ..."

 

[BbMajor7th]

To think, a serious, grown-up corporation wasted expensive legal resources trying to force a Costa Rican convenience store to change its name. The potential benefit to them? Nada. The potential reputational damage and bad press? Significant.

If I were running the company I'd find out whoever it was that greenlit that action and show them the door.

Absolute clown shoes.

 

[daffyduck]

And if it was Doug Bowser himself?

 

[Astray]

This guy will probably be found dead in his apartment with 7 gunshot wounds to the back of the head and a suicide note that starts with "as a large language model ..."

???

 

[Inanilmaz]

I would sue him instead for naming his son Charlito. What the hell kind of name is Charlito

 

[RetroGamingUK]

One company’s financial success benefits me

The other does not.

In this case, fuck the little guy.

 

[yogaflame]

Palworld next to win the case?

 

[daxgame]

Imagine being in Nintendo's legal team and thinking even for a split second this made any fucking sense.

Hopefully whoever took this decision gets his ass kicked out of the company.
Cheers for the store.

 

[Moses85]

Does everyone yell "It's a ME! Mario!" Every time they enter the market?

No!

 

[Hudo]

Good. All big companies need to get BTFO'd hard.

 

[Kataploom]

A local suburb super market? How the hell would Nintendo think it does any harm to their business.

It seems to me that Nintendo lawyers have free reign to go after anyone and don't have to ask Nintendo, just send an invoice every month with maybe a report, because I don't see Nintendo giving an actual fuck about something like that.

 

[Sojiro]

Calling a supermarket 'súper' is pretty common in hispanic countries. Like saying "Let's go to the súper".
So this guy just named it after his own name, Mario.

How dare he steal Mario's name? I really enjoy Nintendo's games, but they absolutely deserve to lose this. Fucking ridiculous lawsuit.

 

[Gp1]

There's a better one but I can't find it.

There's one with Yamauchi that's perfect.

 

[digital_ghost]

Im going to start a salt factory for all the salty posts on NeoGAF.

Its going to be called Salty Mario.

 

[BlackTron]

They might have been ok just being a supermarket that hadn't used anything Nintendo in the logo. But the guys name actually being Mario is what made it worth risking fighting it, it was too easy to show it was just a contraction of his name and the word supermarket with no IP theft intended.

If my name hadn't been Mario I would probably have given up and not faced Nintendo lawyers, sadly.

 

[CrustyBritches]

How dare that supermarket try to appropriate the clearly Japanese name Mario.

 

[AJUMP23]

I guess we know there will be no characters named after the Costa Rican lawyers.