I'm still shocked that Nintendo lost the Super Mario lawsuit

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Current Events » I'm still shocked that Nintendo lost the Super Mario lawsuit
Imagine not getting it trademarked for everything. What are some previous lawsuit that Nintendo lost?

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Post #2 was unavailable or deleted.
Brykner posted...
Wait, they lost the what now?

https://www.techspot.com/news/106591-super-mario-supermarket-costa-rica-wins-trademark-dispute.html
It says right here in Matthew 16:4 "Jesus doth not need a giant Mecha."
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If Nintendo had Disney's lawyers, would they have won?
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GeminiDeus posted...
If Nintendo had Disney's lawyers, would they have won?

no as disney has lost lawsuits plenty of times
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GeminiDeus posted...
If Nintendo had Disney's lawyers, would they have won?

Probably not. They had no trademark over supermarket names and nothing on the advertising even remotely looked like Nintendo's Mario.
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Yes that little super market is such a threat to the big N.

Eat a bag of breadsticks Nintendo.
Let's get down to brass tacks. How much for the ape?
Aztex posted...
Imagine not getting it trademarked for everything.
You can't get it trademarked for "everything" - you need to specify the exact things you want your trademark to apply to and trademarks are not cheap. In the US, for instance, the cost is $350 per trademark per class of goods or services, and that's not a one-time fee either - you need to renew it periodically and the renewal fees are (bizarrely) more expensive than the initial filing (currently $650 per class of goods or services).

There are 34 classes of goods and 11 classes of services, so the fee for trademarking under every single category would be $15,570 per mark with renewal fees being almost double that. Considering the massive number of trademarks Nintendo owns and the fact that they're registered in numerous different countries, it would be fiscally impossible to trademark everything they have across every applicable category.
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Tyranthraxus posted...
https://www.techspot.com/news/106591-super-mario-supermarket-costa-rica-wins-trademark-dispute.html

Holy fucking shit, this is hilarious.
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Hypnospace posted...
Suing some random ass local supermarket is so weird to me
The way I understand it, they have to defend their trademark or it will set a precedent.
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St0rmFury posted...
The way I understand it, they have to defend their trademark or it will set a precedent.
Except this isn't even remotely close to that. They are just stupid.
Charlito shared a video celebrating his father, the eponymous Don Mario, whose 52 years of running the supermarket had finally garnered some hard-earned recognition.

So it's older than Nintendo's Mario?
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GeminiDeus posted...
If Nintendo had Disney's lawyers, would they have won?

Nintendo is one of the most wealthy video game companies on the planet, they could easily afford top tier lawyers. If you are willing to throw say $5-10 million at a lawyer team you can get incredibly good lawyers.

You don't need like $50 billion to get that type of defense, since there isn't any lawyer out there charging $1 million an hour.

Even in that case they bring in over $3 billion profit USD a year, so they could theoretically throw $100's of millions at this if they truly wanted too.
Getting too damn old for this crap!
I'm not at all shocked that Nintendo lost this. This seems like the standard kind of trademark lawsuit that happens all of the time when a company wants to make sure they don't risk losing their trademark, even though they are pretty sure they are going to lose the specific case, because it's something they can later point to in order to show that they are indeed protective of their trademarks.
rick_alverado posted...
I'm not at all shocked that Nintendo lost this. This seems like the standard kind of trademark lawsuit that happens all of the time when a company wants to make sure they don't risk losing their trademark, even though they are pretty sure they are going to lose the specific case, because it's something they can later point to in order to show that they are indeed protective of their trademarks.

No one walks into this store and thinks of the Super Mario Bros. there was no Nintendo imagery around the only thing relating this to Mario is the name and that's it. Part of trademark law I understand is that it's there to prevent confusion so if I wanted to make a video game named Super Mario Bros. even if it was completely different I would face an easily won lawsuit.

Meanwhile this guy opened up a random grocery store with the name he is not in the same thing at all.
Getting too damn old for this crap!
What bullshit, you can't tell me that there hasn't been a single person in the world who decided to enter the supermarket just because they thought it was funny/amusing that the supermarket shared a name with the Nintendo franchise.

If there was even ONE person who entered that supermarket because of the name resembling the Nintendo franchise then they profited from Nintendo's IP and should be punished from it. Regardless if they intended it or not.
SkittyOnWailord posted...
So it's older than Nintendo's Mario?

The saga began last year when the supermarket, established in 2013 under the name "Super Mario," renewed its trademark registration.

The supermarket itself is probably older than Mario the character, but the name isn't
Monopoman posted...
No one walks into this store and thinks of the Super Mario Bros. there was no Nintendo imagery around the only thing relating this to Mario is the name and that's it. Part of trademark law I understand is that it's there to prevent confusion so if I wanted to make a video game named Super Mario Bros. even if it was completely different I would face an easily won lawsuit.

Meanwhile this guy opened up a random grocery store with the name he is not in the same thing at all.

Yes, like I said, I am not at all shocked that Nintendo lost this.
cardoor123 posted...
If there was even ONE person who entered that supermarket because of the name resembling the Nintendo franchise then they profited from Nintendo's IP and should be punished from it.
That's... really not the rationale behind trademark law...
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Kill 100 men: You are a hero. Kill 10,000 men, you are a conqueror!
TMOG posted...
The supermarket itself is probably older than Mario the character, but the name isn't

Thanks.
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On a similar lawsuit Pepsi forgot to trademark Sierra Mist it was expired for time and some random influencer got the trademark. Pepsi tried buying it back for millions but the person didn't budge(dumb move) as a result Starry was born .
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GeminiDeus posted...
If Nintendo had Disney's lawyers, would they have won?
To be fair, Nintendo is one of the few companies out there to rival Disney in litigiousness
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Aztex posted...
as a result Starry was born
Starry exists because Sierra Mist was unpopular and this is like the third time they've reformulated their lemon lime drink, it has nothing to do with trademark issues.
rick_alverado posted...
I'm not at all shocked that Nintendo lost this. This seems like the standard kind of trademark lawsuit that happens all of the time when a company wants to make sure they don't risk losing their trademark, even though they are pretty sure they are going to lose the specific case, because it's something they can later point to in order to show that they are indeed protective of their trademarks.

This.

It's dumb but this is how trademark law works. Nintendo basically had to defend their trademark even if they didn't expect to win.

Trademark law needs to be completely rewritten, it's incredibly dumb.
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What a ridiculous lawsuit.

rick_alverado posted...
I'm not at all shocked that Nintendo lost this. This seems like the standard kind of trademark lawsuit that happens all of the time when a company wants to make sure they don't risk losing their trademark, even though they are pretty sure they are going to lose the specific case, because it's something they can later point to in order to show that they are indeed protective of their trademarks.

Fair, if that's the case.
FL81 posted...
To be fair, Nintendo is one of the few companies out there to rival Disney in litigiousness

It's funny when people treat Nintendo like an underdog when they are one of the biggest companies on Earth, and generate tons of profit.

Shit, Pokemon alone is the biggest IP in the world, bigger than Marvel, bigger than Star Wars etc. Yeah Nintendo doesn't have complete control over Pokemon but even getting like 50% of that pie is fucking huge.
Getting too damn old for this crap!
Current Events » I'm still shocked that Nintendo lost the Super Mario lawsuit