Nintendo is suing accessory firm Genki for trademark infringement after it shared renders of a Nintendo Switch 2 “mockup” months before Nintendo revealed official images of its new console.
Cast your mind back a couple of months, and you may remember that Genki — the accessories manufacturer at the heart of the Switch 2 mockup furore coming out of CES 2025 in January — was reportedly visited by Nintendo’s lawyers. At the time, however, 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 the Switch 2 mockup, debuting 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.
In court papers seen by IGN, Nintendo is now suing the company, accusing Genki of “embarking upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console,” suing for 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 unauthorised 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.”
The Japanese megacorp also alleged Genki of infringing its trademarks in its advertising and “in direct competition with Nintendo’s and its licensee’s legitimate marketing of authorized accessories.”
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…”
In recompense, Nintendo seeks to prohibit Genki from using its trademarked “Nintendo Switch” name in its marketing materials, destroy any products or marketing that references Nintendo’s branding, and recover unspecified “damages it has sustained as a result of Defendant’s infringement, unfair competition, and false advertising, and that said damages be trebled.”
Over the weekend, Genki posted a response 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 closed on thanking people “for the overwhelming support [it has] received so far.” “We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers,” it concluded.
Nintendo Switch 2 is set to debut on June 5. Nintendo Switch 2 pre-orders went live on April 24, with the price still fixed at $449.99 — and they went about as well as you’d expect. Meanwhile, Nintendo has issued a warning to U.S. customers who applied for a Switch 2 pre-order from the My Nintendo Store, saying release date delivery is not guaranteed due to very high demand.
Check out IGN’s Nintendo Switch 2 pre-order guide for more.
Vikki Blake is a reporter, critic, columnist, and consultant. She’s also a Guardian, Spartan, Silent Hillian, Legend, and perpetually High Chaos. Find her at BlueSky.
