A U.S. judge has ordered accessories manufacturer Genki to pay Nintendo damages as part of a settlement in the lawsuit over the company’s Switch 2 mockup shown at CES 2025.
Nintendo sued Genki in May for trademark infringement after it shared renders of a Switch 2 “mockup” months before Nintendo revealed official images of its new console.
Genki was reportedly visited by Nintendo’s lawyers at its CES 2025 booth, although at the time Genki told the press it did not sign a non-disclosure agreement (NDA) with Nintendo, and so had “nothing to worry about.”
Genki told visitors its Switch 2 mockup, which debuted three months ahead of Nintendo’s formal unveiling, was allegedly based on a real Switch 2 system that Genki had seen and used as the basis for its accessories.
Nintendo sued the company, accusing Genki of “embarking upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console.” It alleged trademark infringement, unfair competition, and false advertising.
Nintendo asserted Genki “boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups,” adding that as Genki’s claims of compatibility “would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2… Genki has misled and is misleading the public as to its ability to guarantee the compatibility of its products with 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 said.
“Following its initial claims of access to a genuine Nintendo Switch 2 console, Defendant’s statements were contradictory and inconsistent, with Defendant later stating that it was never in possession of a console. Nevertheless, Defendant has since maintained its representation to consumers that its accessories will be compatible with the Nintendo Switch 2 upon the console’s release.”
Nintendo also took umbrage with a tweet from Genki on January 20, which showed 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…”
Now, Nintendo and Genki have reached a settlement, as spotted by X / Twitter user OatmealDome. The court document confirming the ruling failed to disclose the damages, and it is mentioned that Genki denies it obtained a Switch 2 ahead of its reveal or launch. Each party shall bear its own attorneys’ fees and costs.
As part of the ruling, a permanent injunction was entered against Genki preventing it from using any logo or design owned by Nintendo, or anything confusingly similar.
It also can’t use the terms ‘Glitch,’ ‘Glitch 2,’ ‘Genki Direct,’ ‘Genki Indirect,’ or any other similar rebranding or approximation of Nintendo properties. Genki must make it clear that any of its accessories compatible or marketed for use with Nintendo’s products come from an unlicensed accessory manufacturer.
News of the ruling comes after a Nintendo console modder who refused to shut down his business despite warnings from Nintendo — and who then defended the ensuing lawsuit without a lawyer — was ordered to pay $2 million.
Wesley is Director, News at IGN. Find him on Twitter at @wyp100. You can reach Wesley at [email protected] or confidentially at [email protected].
