Nintendo has taken legal action against accessory manufacturer Genki, alleging trademark infringement following Genki's display of a "Nintendo Switch 2" mockup at CES 2025, months before Nintendo officially unveiled its new console.
Back in January, Genki showcased what they claimed was a mockup based on a real Nintendo Switch 2 system they had seen. Despite not signing a non-disclosure agreement with Nintendo, Genki's actions led to a visit from Nintendo's lawyers. However, at the time, Genki reassured the press that they had nothing to worry about.
In court documents obtained by IGN, Nintendo accuses Genki of launching a "strategic campaign" to exploit public interest in the next-generation console. The allegations include trademark infringement, unfair competition, and false advertising. Nintendo claims Genki boasted about early access to the unreleased console, allowing guests to interact with the mockups and implying compatibility with the Nintendo Switch 2, which Nintendo argues is impossible without unauthorized access.
The court papers state that in January 2025, Genki began advertising unauthorized access to the upcoming Nintendo Switch 2 console. Despite later contradictions from Genki about possessing a console, the company continued to assert that its 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 alleges that Genki infringed its trademarks in its advertising and competed directly with Nintendo's and its licensees' marketing of authorized accessories. A tweet from Genki's CEO Edward Tsai, hinting at "infiltrating" Nintendo's headquarters, further irked Nintendo.
Nintendo is seeking to prevent Genki from using the "Nintendo Switch" name in its marketing, demanding the destruction of any products or marketing referencing Nintendo's branding, and requesting unspecified damages, which it wishes to be trebled.
In response, Genki issued a statement on social media over the weekend, acknowledging the lawsuit and their commitment to working with legal counsel. They emphasized their independence and dedication to creating innovative gaming accessories, expressing pride in their work and standing by the quality and originality of their products. While unable to comment in detail, Genki confirmed their ongoing preparations for PAX East and thanked their supporters.
The Nintendo Switch 2 is scheduled to debut on June 5, with pre-orders opening on April 24 at $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.