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Nintendo loses trademark fight against Super Mario supermarket (www.eurogamer.net)

submitted 2 days ago by [email protected] to c/[email protected]

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[–] SurfinBird 69 points 1 day ago (2 children)

“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.”

Kind of a legal version of the Air Bud rule.

[–] [email protected] 16 points 1 day ago* (last edited 1 day ago)

Nintendo has a lot of active "super mario" trademarks with the USPTO, 79259975 includes the following:

G & S: IC 030: Tea; tea-based beverages; coffee; coffee-based beverages; cocoa; cocoa-based beverages; pastries; candy; ice cream; cookies; chocolate; popcorn; chewing gum; bread; buns; sandwiches; pizzas; pies; cakes; frozen yogurt confections; pancakes; crackers; mints for breath freshening; seasonings; ketchup; dressings for salad; cereal bars; oatmeal; corn flakes; noodles; pasta sauce.

https://www.uspto.gov/trademarks/search

This would limit the supermarket from carrying their own store brand product lines for these product types.

Off the top of my head I can confirm my supermarket stocks their own brand of :

Tea; coffee; cocoa; pastries; candy; ice cream; cookies; chocolate; bread; buns; pies; cakes; seasonings; dressings for salad; cereal bars; oatmeal; corn flakes; pasta sauce.

Admittedly my local is part of a large chain so this may not be typical but even independent supermarkets in my area tend to repackage bulk candies and chocolate under their own label.

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