Why Nintendo Sued A Costa Rican Grocery Store (And Lost)

Anyone familiar with Nintendo knows that the massive corporation finds itself in the courtroom quite often, for better or worse. Its most recent legal battle found it on the losing end, however. Nintendo attempted to stop a grocery store in Costa Rica (known for its pantry staple, Lizano Salsa) called Super Mario de San Ramón (or simply, Super Mario) from using its name, but was unsuccessful. The store, which has been operating under that name since 2013, posted the news of the store's success to its Facebook page on January 28.

Similar to the 2021 Red Bull lawsuit against Turkish soda brand Zilli Öküz Gazoz, the supermarket won the lawsuit despite the multinational corporation's immense legal power. However, unlike the Red Bull case, this one came down to the classification that the trademark for the words 'Super Mario' falls under. You see, the Costa Rican grocery store registered the name Super Mario for international class 35, which gives it the right to use the name for use as the name of a grocery store. Alternatively, while Nintendo currently holds the trademark for Super Mario in several fields, its hold over the name does not reach the world of grocery stores and supermarkets, meaning the Super Mario store is well within its right to bear that name.

The legal defeat, while not officially acknowledged by Nintendo as of yet, came as a surprise to many. The legal success only occurred as the result of a hard-fought battle by the supermarket. José Edgardo Jimenez Blanco, the legal representative for Super Mario, explained the company's thought process throughout the trademark dispute to The Tico Times. "We knew these big companies have vast resources to fight, and we had to think carefully," Blanco admitted. "We even considered changing the supermarket's name to avoid a lawsuit."

However, the store persisted, with Blanco noting that the key to their victory came down to Nintendo's lack of a trademark over the Super Mario name under international class 35. "We refuted all of Nintendo's arguments, demonstrating their errors and our rightful claim. Although Nintendo's registration covers 45 categories, it doesn't include the specific class for suppliers of basic food products," Jimenez explained. So, while it's unlikely that Super Mario de San Ramon will be carrying the Super Mario Oreos anytime soon, its name will remain the same for the foreseeable future.