Nintendo is taking legal action against accessory manufacturer Genki for alleged trademark infringement following Genki's early reveal of a "mockup" of the Nintendo Switch 2 at CES 2025, months before Nintendo officially unveiled the new console. Back in January, Genki claimed it had seen and used a real Switch 2 as the basis for its accessories, leading to a visit from Nintendo's lawyers. However, Genki maintained that it had not signed a non-disclosure agreement with Nintendo and thus had "nothing to worry about."
According to court documents obtained by IGN, Nintendo accuses Genki of launching a "strategic campaign" to exploit public interest in the new console, charging the company with trademark infringement, unfair competition, and false advertising. Nintendo claims Genki boasted about having early access to the unreleased console and allowed visitors to interact with the mockups. The company also alleges that Genki's claims of compatibility with the Switch 2 were misleading, as such guarantees would require unauthorized access to the console.
The court papers state that in January 2025, Genki began advertising its supposed unauthorized access to the Nintendo Switch 2, which had not yet been publicly revealed by Nintendo. Despite later contradicting its initial claim of possessing a genuine console, Genki continued to assure consumers that its accessories would be compatible with the upcoming console.
Genki Nintendo Switch Mockup Images from CES 2025
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Nintendo further alleges that Genki infringed on its trademarks in its marketing and competed unfairly with Nintendo and its authorized licensees. A particular point of contention was a tweet from Genki's CEO Edward Tsai, hinting at unauthorized access to Nintendo's headquarters, and a pop-up on Genki's website teasing a secret.
Nintendo is seeking to bar Genki from using the "Nintendo Switch" trademark in its marketing, to destroy any infringing products or materials, and to recover unspecified damages, which it wants to be tripled.
In response, Genki released a statement on social media acknowledging the lawsuit and expressing its commitment to working with legal counsel. The company emphasized its independence and dedication to creating innovative gaming accessories, reaffirming its product quality and originality. Genki is preparing to fulfill orders and showcase new products at PAX East, thanking its community for support and promising further updates.
The Nintendo Switch 2 is slated to launch on June 5, with pre-orders starting on April 24 at $449.99. Due to high demand, Nintendo has warned U.S. customers that release date delivery is not guaranteed for those who pre-ordered from the My Nintendo Store. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
