Nintendo Sues Over Switch 2 'Mockup' Leak
Nintendo has initiated legal action against accessory manufacturer Genki, alleging trademark infringement after Genki displayed renders of a purported "Nintendo Switch 2" mockup at CES 2025, months before Nintendo officially unveiled its new console.
A few months ago, during CES 2025, Genki found itself in the spotlight after showcasing the Switch 2 mockup. At the time, when visited by Nintendo's legal team, Genki maintained that it had not signed a non-disclosure agreement (NDA) with Nintendo and thus believed it had no legal concerns.
Genki claimed that their mockup, which was shown three months prior to Nintendo's official reveal, was based on an actual Switch 2 unit that they had seen and used to develop their accessories.
According to court documents obtained by IGN, Nintendo accuses Genki of launching "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 alleges that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups," asserting that 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 detail that in January 2025, Genki began advertising that it had gained unauthorized access to Nintendo's upcoming Nintendo Switch 2 console, which had not yet been released or publicly revealed by Nintendo.
"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."
Genki Nintendo Switch Mockup Images from CES 2025
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Nintendo also claims that Genki infringed its trademarks in its advertising and engaged in direct competition with Nintendo's and its licensees' legitimate marketing of authorized accessories.
Nintendo took issue with a tweet from Genki on January 20, which depicted CEO Edward Tsai with a finger to his lips and the caption: "Genki ninjas infiltrate Nintendo Kyoto HQ" and a pop-up on the Genki website that read: "Can you keep a secret? We can’t..."
In response, Nintendo seeks to prevent Genki from using its trademarked "Nintendo Switch" name in marketing materials, to have Genki destroy any products or marketing that references Nintendo's branding, and to 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."
The statement concluded by thanking supporters "for the overwhelming support [it has] received so far." "We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers," it added.
The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders for the Switch 2 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 from 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.
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