Nintendo, a company notorious for its aggressive legal tactics against fan projects and other games, recently suffered a setback when a supermarket in Costa Rica, named “Super Mario” after its founder Don José Mario Alfaro González, emerged victorious in a trademark dispute.

As announced through the supermarket’s Facebook page (via Eurogamer), the supermarket’s son, Carlos “Charlito” Alfaro, shared that Nintendo claimed ownership of the “Super Mario” name worldwide when the supermarket sought to renew its trademark.

Founded approximately 52 years ago by Don Mario, the store had not registered its brand until 2013 when Alfaro returned from university, predating the first Super Mario game by 12 years. Interestingly, this supermarket even predates Mario’s first appearance in the Donkey Kong arcade game of 1981.

Fortunately, the Costa Rican National Register ruled in favor of the store, citing that Nintendo’s extensive trademark categories failed to cover grocery sales. “They have a lot of categories listed, but not the sale of groceries, and that’s why the National Register ruled in our favor,” said Alfaro.

Despite the overwhelming legal pressure, Alfaro stated, “For a moment we thought about throwing in the towel; how could we win against such a commercial giant?” However, persistence paid off, and they received the positive news recently.

In a video shared later, Alfaro proudly remarked, “He is Don Mario, he’s my dad, he’s been here for 52 years, and he is the founder of Super Mario.”

This victory marks a small triumph against a major corporation, standing out as a win for smaller businesses facing challenging legal battles.