Nintendo has initiated legal action against accessory manufacturer Genki, alleging trademark infringement following Genki's release of renders depicting a "mockup" of the Nintendo Switch 2. This occurred months before Nintendo officially unveiled images of its new console.
Reflecting on events from a few months ago, Genki, the company behind the controversial Switch 2 mockup showcased at CES 2025 in January, reportedly received a visit from Nintendo's legal team. At the time, Genki claimed it had not signed a non-disclosure agreement (NDA) with Nintendo, asserting they had "nothing to worry about."
Genki presented the Switch 2 mockup to visitors, claiming it was based on an actual Switch 2 system they had seen and used to develop their accessories. This was three months before Nintendo's official unveiling.
According to court documents obtained by IGN, Nintendo accuses Genki of launching a "strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console." The lawsuit includes charges of trademark infringement, unfair competition, and false advertising.
Nintendo alleges that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They further claim that Genki's assertions of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2," suggesting that Genki has misled the public about the compatibility of its products with the Nintendo Switch 2.
The court papers state, "In January 2025, [Genki] began advertising that it gained unauthorized access to Nintendo's upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo."
Despite initially claiming access to a genuine Nintendo Switch 2 console, Genki later contradicted this, stating they were never in possession of a console. However, they continued to assure consumers that their accessories would be compatible with the Nintendo Switch 2 upon its release.
Genki Nintendo Switch Mockup Images from CES 2025
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Nintendo also accuses Genki of trademark infringement in its advertising, which they claim directly competes with Nintendo's and its licensees' legitimate marketing of authorized accessories.
Nintendo took issue with a tweet from Genki on January 20, featuring CEO Edward Tsai with a finger to his lips and the caption: "Genki ninjas infiltrate Nintendo Kyoto HQ," along with a pop-up on the Genki website that read: "Can you keep a secret? We can’t..."
Nintendo is seeking to prevent Genki from using its trademarked "Nintendo Switch" name in marketing materials, demanding the destruction of any products or marketing referencing Nintendo's branding, and requesting unspecified damages for infringement, unfair competition, and false advertising, with the damages to be tripled.
Over the weekend, Genki responded on social media, stating: "You may have seen that Nintendo recently filed a lawsuit against us. We’re taking it seriously and working with legal counsel to respond thoughtfully.
"What we can say is this: Genki has always been an independent company focused on building innovative gaming accessories for the community we love. We’re proud of the work we’ve done, and we stand by the quality and originality of our products. While we can’t comment in detail, we’re continuing preparations to fulfill orders and showcase our newest products at PAX East this week."
The statement concluded by thanking supporters and reaffirming their commitment to "building gear for gamers."
The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders began on April 24, with the console priced at $449.99, and they sold out quickly. Nintendo has warned U.S. customers who pre-ordered from the My Nintendo Store that release date delivery is not guaranteed due to high demand.
For more information, check out IGN's Nintendo Switch 2 pre-order guide.