Nintendo has initiated legal action against accessory manufacturer Genki, alleging trademark infringement after Genki displayed renders of a purported Nintendo Switch 2 "mockup" well before Nintendo officially unveiled its new console. This legal battle stems from events at CES 2025 in January, where Genki showcased the Switch 2 mockup, claiming it was based on an actual system they had seen. Despite Genki's assertion that they had not signed a non-disclosure agreement (NDA) with Nintendo, the accessory firm now faces a lawsuit.
According to court documents obtained by IGN, Nintendo accuses Genki of engaging in a "strategic campaign" to exploit public interest in the next-generation console. The lawsuit claims trademark infringement, unfair competition, and false advertising, asserting that Genki boasted about having early access to the unreleased console and allowed guests to interact with the mockups. Nintendo argues that Genki's claims of compatibility were misleading, as such guarantees would be impossible without unauthorized access to the Nintendo Switch 2.
"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," the court papers state. Despite later retracting claims of possessing a genuine console, Genki continued to assert 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 further alleges that Genki infringed on its trademarks in advertising and directly competed with Nintendo and its licensees' authorized accessory marketing. 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 website pop-up stating: "Can you keep a secret? We can’t..."
In its lawsuit, Nintendo seeks to prevent Genki from using the "Nintendo Switch" trademark in its marketing, to have any infringing products or marketing destroyed, and to recover unspecified damages, which they request be tripled.
In response, Genki issued a statement over the weekend on social media, acknowledging the lawsuit and expressing their commitment to addressing it seriously with legal counsel. They emphasized their status as an independent company dedicated to creating innovative gaming accessories and reaffirmed their pride in their work and product originality. Genki also mentioned ongoing preparations to fulfill orders and showcase new products at PAX East. The company thanked supporters and stated their focus on continuing to develop gear for gamers.
The Nintendo Switch 2 is slated for release on June 5. Pre-orders commenced on April 24, with the console priced at $449.99, and experienced high demand. Nintendo has cautioned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
