Nintendo has initiated legal action against the accessory manufacturer Genki, accusing them of trademark infringement following the release of renders depicting a Nintendo Switch 2 "mockup" several months before Nintendo officially unveiled its new console. The controversy surrounding Genki's Switch 2 mockup first erupted at CES 2025 in January, where it was reported that Nintendo's lawyers visited Genki. At the time, Genki claimed it had not signed a non-disclosure agreement (NDA) with Nintendo and thus believed it had "nothing to worry about."
Genki showcased the Switch 2 mockup to CES attendees, claiming it was based on a real Switch 2 system that they had seen and used to design their accessories. This was three months before Nintendo's official unveiling. According to court documents obtained by IGN, Nintendo alleges that Genki "embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console," and is suing for trademark infringement, unfair competition, and false advertising.
Nintendo further claims that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They argue that since Genki’s claims of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2," Genki has misled the public about the compatibility of its products with the Nintendo Switch 2.
The court papers state, "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 contradictions and claims from Genki that they never possessed a console, the company continued to assert that its accessories would be compatible with the Nintendo Switch 2 upon release.
Genki Nintendo Switch Mockup Images from CES 2025
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Nintendo also accuses Genki of infringing its trademarks in advertising and competing directly with Nintendo and its licensees' authorized accessories. Additionally, Nintendo was displeased with a tweet from Genki on January 20, which featured CEO Edward Tsai with a finger to his lips and the caption: "Genki ninjas infiltrate Nintendo Kyoto HQ," along with a pop-up on the Genki website that read: "Can you keep a secret? We can’t..."
In its lawsuit, Nintendo seeks to prevent Genki from using the trademarked "Nintendo Switch" name in marketing, destroy any products or marketing materials that reference 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 responded 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."
Genki's statement concluded by thanking supporters for their "overwhelming support" and reaffirming their commitment to "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 a fixed price of $449.99, and demand has been exceptionally high. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed due to overwhelming demand. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
