Nintendo has initiated legal action against accessory manufacturer Genki, accusing them of trademark infringement following the release of renders depicting a Nintendo Switch 2 "mockup" several months prior to Nintendo's official unveiling of its new console. The controversy surrounding Genki's Switch 2 mockup erupted during CES 2025 in January, when it was reported that Nintendo's lawyers visited Genki. At the time, Genki claimed they had not signed a non-disclosure agreement (NDA) with Nintendo, asserting they had "nothing to worry about."
Genki showcased the Switch 2 mockup to visitors three months before Nintendo's formal unveiling, claiming it was based on a real Switch 2 system they had access to for developing their accessories. According to court papers reviewed by IGN, Nintendo alleges that Genki engaged in "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's legal documents state that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They further 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 and is misleading the public as to its ability to guarantee the compatibility of its products with the Nintendo Switch 2."
The court papers assert, "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." They also point out that Genki's statements were contradictory, as the company later claimed it never possessed a console, yet continued to assure consumers of its accessories' compatibility with the upcoming console.
Genki Nintendo Switch Mockup Images from CES 2025
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Nintendo also alleges that Genki infringed its trademarks in advertising and competed directly with Nintendo's and its licensees' legitimate marketing of authorized accessories. Additionally, Nintendo took issue 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 website pop-up that read: "Can you keep a secret? We can’t..."
In response, Nintendo is seeking to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing materials, demanding the destruction of any products or marketing materials referencing Nintendo's branding, and seeking unspecified damages, which it wants to be trebled, due to Genki's alleged infringement, unfair competition, and false advertising.
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 and reiterated their pride in 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, priced at $449.99, began on April 24 and were met with high demand. Nintendo has warned U.S. customers who pre-ordered from the My Nintendo Store that release date delivery is not guaranteed. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
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