Peruvian company fined over S/53,000 for importing unauthorized Super Mario miniconsoles

A Peruvian company has been ordered to pay a fine exceeding S/53,000 after Indecopi confirmed it imported portable miniconsoles bearing the Super Mario brand without authorization from Nintendo of America Inc. The decision, finalized in the second and final administrative instance, firmly sanctions Aries D & M S.A.C. for infringing industrial property rights.

Beyond the financial penalty, the authority also ratified the definitive confiscation of the seized equipment and prohibited the company from using the distinctive trademark to market such products again. Indecopi concluded that the use of the brand could mislead consumers, making them associate the consoles with official Nintendo products.

The case began with a complaint from Nintendo of America Inc., which alerted authorities to the import of miniconsoles using the SUPER MARIO sign in their software without permission. Indecopi's Commission on Distinctive Signs found the complaint valid in August 2025, imposing a fine equivalent to 10.01 tax units (UIT). The company appealed, but the Specialized Intellectual Property Chamber of Indecopi dismissed its arguments, fully confirming the initial ruling.

Aries D & M S.A.C. argued during its appeal that it had no intention of violating Nintendo's rights and questioned the evaluation based on only part of the imported batch. However, the Chamber clarified that industrial property regulations operate under a strict liability regime, meaning intent or negligence does not need to be proven to establish an infringement. The fine was calculated according to the graduation system outlined in Supreme Decree No. 032-2021-PCM.