Nintendo has initiated legal action against accessory manufacturer Genki, accusing them of trademark infringement after Genki showcased renders of a Nintendo Switch 2 "mockup" several months prior to Nintendo's official reveal of its new console. This situation arose following Genki's display at CES 2025 in January, where they presented what they claimed was a mockup of the Switch 2, three months before Nintendo's formal unveiling. At the time, Genki faced scrutiny from Nintendo's legal team but maintained they had not signed a non-disclosure agreement (NDA) with Nintendo, thus believing they were in the clear.
According to court papers obtained by IGN, Nintendo alleges that Genki engaged in a "strategic campaign" designed to exploit public interest in the next-generation console. The lawsuit accuses Genki of trademark infringement, unfair competition, and false advertising. Nintendo claims that Genki boasted about having early access to the unreleased console, allowing guests to interact with the mockups, and misleading the public about the compatibility of their accessories with the upcoming Nintendo Switch 2.
The court documents state that in January 2025, Genki advertised having unauthorized access to the Nintendo Switch 2, despite the console not being publicly revealed or released by Nintendo at that time. Genki's statements later became contradictory, with the company denying possession of an actual console while still asserting 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 accused Genki of infringing its trademarks in their advertising, directly competing with Nintendo's and its licensees' authorized accessory marketing. Furthermore, Nintendo took issue with a tweet from Genki's CEO Edward Tsai, which hinted at unauthorized access to Nintendo's headquarters, and a pop-up on the Genki website suggesting secrecy about their activities.
In response, Nintendo is seeking to prevent Genki from using the "Nintendo Switch" trademark in their marketing, requiring the destruction of any products or marketing materials referencing Nintendo's branding, and is seeking unspecified damages, which they wish to be tripled due to the nature of the infringement, unfair competition, and false advertising.
Over the weekend, Genki issued a response on social media, acknowledging the lawsuit and their serious approach to addressing it with legal counsel. They emphasized their commitment to creating innovative gaming accessories and reassured their dedication to fulfilling orders and showcasing new products at PAX East. Genki expressed gratitude for the support they've received and reiterated their focus on continuing to develop gear for gamers.
The Nintendo Switch 2 is scheduled to debut on June 5, with pre-orders having opened on April 24 at a price of $449.99. Due to high demand, Nintendo has warned U.S. customers that release date delivery is not guaranteed. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
