Nintendo has initiated legal action against accessory manufacturer Genki, alleging trademark infringement after the company displayed a Nintendo Switch 2 mockup months before the console’s official reveal.
Earlier this year, Genki, the accessories brand at the center of the Switch 2 mockup controversy at CES 2025 in January, reportedly faced scrutiny from Nintendo’s legal team. Genki, however, claimed it had not signed a non-disclosure agreement (NDA) with Nintendo, asserting it had no cause for concern.
Genki presented its Switch 2 mockup, unveiled three months prior to Nintendo’s official announcement, as being based on an actual Switch 2 system it had accessed to develop its accessories.
According to court documents reviewed by IGN, Nintendo accuses Genki of orchestrating a calculated effort to exploit public excitement for its next-generation console, charging the company with trademark infringement, unfair competition, and deceptive advertising.
Nintendo claims Genki “promoted its supposed early access to the unreleased console and permitted attendees to interact with and measure the mockups,” noting that Genki’s assertions of product compatibility “could not be verified without unauthorized access to the Nintendo Switch 2, misleading consumers about its products’ compatibility.”
The filings further state, “In January 2025, [Genki] announced it had gained unauthorized access to Nintendo’s unreleased Nintendo Switch 2 console, which had not yet been publicly revealed by Nintendo.”
“After initially claiming access to an authentic Nintendo Switch 2 console, Genki later contradicted itself, denying possession of the console. Nonetheless, it continued to assure consumers that its accessories would be compatible with the Nintendo Switch 2 upon release.”
The Japanese company also accused Genki of violating its trademarks in its promotional materials, creating “direct competition with Nintendo and its licensed partners’ legitimate marketing of authorized accessories.”
Nintendo expressed disapproval of a January 20 tweet from Genki, depicting CEO Edward Tsai with a finger to his lips and the caption: “Genki ninjas infiltrate Nintendo Kyoto HQ,” alongside a pop-up on Genki’s website stating, “Can you keep a secret? We can’t...”
In its lawsuit, Nintendo demands that Genki cease using the “Nintendo Switch” trademark in its marketing, destroy any products or materials referencing Nintendo’s branding, and pay unspecified damages, which it seeks to have tripled, for trademark infringement, unfair competition, and false advertising.
Over the weekend, Genki issued a response on social media, stating: “You may have heard about Nintendo’s recent lawsuit against us. We’re addressing it seriously and collaborating with legal counsel to respond carefully.
“To clarify, Genki remains an independent company dedicated to creating innovative gaming accessories for our passionate community. We take pride in the quality and originality of our products. While we can’t share specifics, we’re moving forward with plans to fulfill orders and display our latest products at PAX East this week.”
The statement concluded by expressing gratitude for “the tremendous support we’ve received” and noted, “We’ll provide updates when possible, but for now, our focus remains on crafting top-tier gaming gear.”
The Nintendo Switch 2 is slated for release on June 5. Pre-orders began on April 24 at a price of $449.99, with demand described as overwhelming. Nintendo has also issued a warning to U.S. customers who pre-ordered through the My Nintendo Store, stating that delivery by the release date is not guaranteed due to high demand.
Visit IGN’s Nintendo Switch 2 pre-order guide for more details.