Nintendo, the global gaming giant, has lost a trademark dispute against a small Costa Rican supermarket named Super Mario. The ruling, issued by the Costa Rican National Register on January 28, 2025, allows the supermarket to keep its name despite Nintendo’s blocking efforts.
The supermarket isn’t a gaming store or a pop-culture gimmick—it’s a 52-year-old family business. Founded by José Mario Alfaro González, the store was named after its owner. In Costa Rica, “super” is commonly used to refer to grocery stores, making “Super Mario” a natural name choice rather than a reference to Nintendo’s beloved video game franchise.
José Mario and his son, Charlito Alfaro, had operated the store under the same name for decades without trouble. However, when they applied to renew their trademark in March 2024, things took a surprising turn—Nintendo objected.
Nintendo’s Legal Claims
Nintendo, known for aggressively protecting its intellectual property, argued that:
- Trademark Infringement—The company claimed that “Super Mario” was too closely associated with its iconic video game character and could confuse consumers.
- Unauthorized Branding – Nintendo alleged that the supermarket had used imagery from the Super Mario franchise in its advertising, particularly on social media.
- Expansion Beyond Groceries – The gaming company also suggested that the store’s offerings went beyond basic grocery items, making the brand conflict more serious.
Despite these claims, the Costa Rican supermarket fought back.
José Mario Alfaro and his legal team built a strong defense around key points:
- A Name Rooted in Family – The supermarket was named after its founder, not after Nintendo’s video game.
- Trademark Classification Matters – Nintendo’s “Super Mario” trademark covers video games and merchandise, not supermarkets. Since the store only sells groceries, there was no legal overlap.
- Long-Standing Use – The supermarket had used the name for over five decades without issues.
The Costa Rican National Register ruled in favor of Super Mario Supermarket, stating that Nintendo does not hold exclusive rights to the name for all business types.
This case has sparked conversations about corporate power and small business rights. Many see this as a victory for independent businesses, proving that trademark laws do not always favor big corporations.
José Mario Alfaro himself expressed relief and gratitude after the ruling:
“I have spent my life building this supermarket for my community. I never imagined I’d have to fight a company like Nintendo just to keep my own name. But we stood our ground, and we won.”
While Nintendo still has the option to appeal the decision, there is no indication that they will pursue further legal action now.
The store’s legal advisor added,
“We refuted all of Nintendo’s accusations, refuted them and our sound claim.”
Most striking is their successful move to emphasize that Nintendo’s trademarked rights exclude grocery retailing. In its case, representatives for the store argued that despite various strong trademarks, Nintendo had never registered “Super Mario” in supermarkets. Therefore, the store could maintain its acquired identity.
This legal battle highlights the fine line between protecting intellectual property and overreaching corporate power. Nintendo’s loss is a lesson for large corporations: not every trademark battle is worth fighting.
For now, Super Mario Supermarket continues serving its loyal customers—just as it has for the past 52 years.
Would Nintendo have been better off picking their battles? That’s a debate for another day.
