Nintendo has initiated legal action against the accessory manufacturer Genki, alleging trademark infringement following Genki's release of renders depicting a Nintendo Switch 2 "mockup" several months before Nintendo officially unveiled its new console. This incident, which stirred controversy at CES 2025 in January, led to a visit from Nintendo's legal team to Genki. Despite this, Genki maintained that it had not signed a non-disclosure agreement (NDA) with Nintendo and thus felt secure in their actions.
Genki claimed that its Switch 2 mockup, showcased three months prior to Nintendo's formal unveiling, was inspired by an actual Switch 2 system that the company had access to and used to develop its accessories.
According to court papers reviewed by IGN, Nintendo is now suing Genki, accusing the company of launching a "strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console." The lawsuit includes claims of trademark infringement, unfair competition, and false advertising. Nintendo contends that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." Furthermore, Nintendo argues that Genki's assertions about the compatibility of its products with the Nintendo Switch 2 were misleading, as such guarantees would require "unauthorized, illegal early access to the Nintendo Switch 2."
The court documents 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." Initially, Genki claimed access to a genuine Nintendo Switch 2 console, but later contradicted this statement, admitting it was never in possession of the console. Despite this, Genki continued to assure consumers that its 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 accused Genki of trademark infringement in its advertising, which directly competed with Nintendo's and its licensees' legitimate marketing of authorized accessories. Additionally, 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," alongside a pop-up on the Genki website that read: "Can you keep a secret? We can’t..."
In its lawsuit, Nintendo seeks to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing materials, demands the destruction of any products or marketing referencing Nintendo's branding, and requests unspecified "damages it has sustained as a result of Defendant's infringement, unfair competition, and false advertising, and that said damages be trebled."
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 affirming their commitment to "building gear for gamers."
The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders for the console began on April 24, with the price set at $449.99, and they were met with high demand. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed due to the overwhelming interest. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
