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. These images were shared months before Nintendo officially unveiled its new console.
Rewind to a few months ago, and you might recall that Genki, the center of attention at CES 2025 due to its Switch 2 mockup, 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 and thus had "nothing to worry about."
Genki showcased the Switch 2 mockup, which appeared three months before Nintendo's official reveal, claiming it was based on a real Switch 2 system they had access to, using it to develop their accessories.
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 cites trademark infringement, unfair competition, and false advertising.
Nintendo asserts that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They argue that Genki's claims of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2," suggesting that Genki has misled the public regarding the compatibility of its products with the upcoming console.
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 initial claims of access to a genuine Nintendo Switch 2 console, Genki's statements later became contradictory, with the company stating it was never in possession of a console. However, 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 alleges that Genki infringed its trademarks in its advertising and directly competed with Nintendo's and its licensees' legitimate marketing of authorized accessories.
Furthermore, 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," and 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 the trademarked "Nintendo Switch" name in its marketing, demanding the destruction of any products or marketing that reference Nintendo's branding, and requesting unspecified damages for infringement, unfair competition, and false advertising, with the potential for treble damages.
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: "We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers."
The Nintendo Switch 2 is set to debut on June 5. Pre-orders began on April 24, with the console priced at $449.99, and demand was predictably high. Nintendo has warned U.S. customers who pre-ordered from the My Nintendo Store that release date delivery is not guaranteed due to the overwhelming demand.
For more information, check out IGN's Nintendo Switch 2 pre-order guide.