Nintendo has initiated legal action against accessory manufacturer Genki, alleging trademark infringement following Genki's release of renders depicting a Nintendo Switch 2 "mockup" several months before Nintendo officially unveiled its new console. The controversy surrounding the Switch 2 mockup furore at CES 2025 in January intensified when Nintendo's lawyers reportedly visited Genki. Despite this, Genki maintained that it had not signed a non-disclosure agreement (NDA) with Nintendo, asserting they had "nothing to worry about."
Genki showcased the Switch 2 mockup, which appeared three months prior to Nintendo's formal unveiling, claiming it was based on an actual Switch 2 system they had seen and used to develop their accessories. However, court documents obtained by IGN reveal that Nintendo is now suing Genki, accusing them of a "strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console." The lawsuit includes charges of trademark infringement, unfair competition, and false advertising.
Nintendo alleges that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They further claim that Genki's assertions of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2," suggesting that Genki has misled the public about the compatibility of its products with the upcoming console.
According to the court papers, "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." Despite later contradicting their initial claims of possessing a genuine console, Genki continued to assure consumers 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 also accuses Genki of infringing its trademarks through its advertising and competing directly with Nintendo's and its licensees' authorized accessories. 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 pop-up on the Genki website stating: "Can you keep a secret? We can’t..."
In response, Nintendo seeks to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing, demands the destruction of any products or marketing materials referencing Nintendo's branding, and requests unspecified "damages it has sustained as a result of Defendant's infringement, unfair competition, and false advertising," with the damages to be trebled.
Over the weekend, Genki issued a response on social media, acknowledging the lawsuit and stating they are taking it seriously and working with legal counsel. They emphasized their commitment to being an independent company focused on 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 they are preparing to fulfill orders and showcase new products at PAX East. They thanked their supporters and concluded by reaffirming their focus on "building gear for gamers."
The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders for the console began on April 24, with the price set at $449.99, and they were met with high demand. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed due to the overwhelming interest. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
