A small supermarket in Costa Rica has emerged victorious in an unlikely legal battle against video game giant Nintendo over the use of the iconic “Super Mario” name. The unassuming grocery store, owned by a man named Don José Mario Alfaro González, has been allowed to keep its moniker following a trademark dispute initiated by the Japanese gaming company.
The saga began last year when the supermarket, established in 2013 under the name “Super Mario,” renewed its trademark registration. This routine filing seemingly caught Nintendo’s attention, prompting the lawsuit.
In a celebratory Facebook post, Carlos “Charlito” Alfaro, son of the supermarket’s owner, recounted how Nintendo inundated the family business with a barrage of legal documents asserting its trademark ownership across various product categories. However, a crucial oversight on Nintendo’s part ultimately decided the case in favor of the grocer.
Charlito explained that while Nintendo owns trademarks across a vast array of products – video games, clothing, toys, school supplies, and more – their trademark didn’t explicitly cover grocery stores and supermarkets. This loophole proved to be the clincher that allowed the establishment to keep its name.

Moreover, while the supermarket’s name invokes images of Nintendo’s overalls-clad plumber, its simple yellow and blue logo design features only the words “Super Mario – Su lugar de confianza” (translation: “Super Mario – your trusted place”). This steers clear of any explicit references to Nintendo’s intellectual property.
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