Nintendo sues accessory maker over Switch 2 mockup
Nintendo
TL;DR Nintendo is suing Genki over its unauthorized Switch 2 mockup.
The filed legal complaint accuses the defendant of infringing on the plaintiff's trademark, unfair competition, and false advertising.
The game accessory maker has now responded to Nintendo's lawsuit.
Before Nintendo finally revealed the design of the Switch 2 in mid-January, you may remember a story from earlier that month about a mockup of the console making a surprise appearance at CES 2025. The dummy unit was brought to the event and showed off by game accessory maker Genki, who claimed the unit was an accurate mockup of the real Switch 2. It didn't take long for Nintendo's lawyers to jump into action and approach the company's booth. In an unsurprising turn of events, Nintendo's lawyers have now escalated the situation by filing a lawsuit against Genki.
Nintendo's legal complaint, filed with the US District Court for the Central District of California, accuses Genki of infringing on Nintendo's trademark, unfair competition, and false advertising. In particular, the game publisher believes Genki wanted to 'capitalize' on Switch 2 demand and thus attempted to make it seem as if their products were officially approved or connected to Nintendo. It also alleges that Genki later gave 'contradictory and inconsistent' statements regarding whether it had possession of a real Switch 2.
According to court documents, Nintendo states:
Beginning at least as early as December 2024, Defendant embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console. In January 2025, Defendant 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. Defendant also advertised that because of its unique access to a genuine unreleased Nintendo Switch 2 console, it could manufacture gaming accessories that are compatible with the Nintendo Switch 2. Further, Genki announced it would sell those allegedly compatible accessories contemporaneously with Nintendo's release of its console. 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 goes on to argue that 'ensuring the compatibility of Defendant's accessories would not be possible unless and until Defendant has access to a Nintendo Switch 2 console,' which it then insists that it never provided a console to Genki. This leads Nintendo to believe that either Genki misled consumers or that it 'unlawfully or illicitly obtained an authentic Nintendo Switch 2, or proprietary technical information about the Nintendo Switch 2, prior to the console's release to the public.'
In addition to this, Nintendo says that Genki was using its trademarks to intentionally confuse the public into believing Genki had some sort of partnership with Nintendo. The court documents bring up the video Genki played at its booth, which showed a 3D render of the Switch 2 and its dock. Nintendo argues that the confusion was significant enough that they had to issue a statement clarifying that Genki's mockup was unofficial.
The game publisher is requesting that the court stop Genki from using 'Nintendo Switch' in its marketing. It also asks that Genki be forced to destroy any products or ads that use Nintendo's copyright. On top of that, Nintendo wants Genki to pay for damages, legal fees, and to hand over any profits made off of related sales.
A Note from the Genki Team
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…
— GENKI (@GenkiThings) May 4, 2025
After the lawsuit was filed, Genki acknowledged the lawsuit in a social post on X (formerly Twitter). The manufacturer states that it is taking the lawsuit 'seriously and working with legal counsel to respond thoughtfully.' Genki adds that although they 'can't comment in detail, we're continuing preparations to fulfill orders and showcase our newest products at PAX East this week.'
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