Nintendo is suing accessory maker Genki after it showed off unofficial Switch 2 mockups at CES 2025, claiming trademark misuse and misleading marketing.
In what started as a surprising moment at CES 2025, things have taken a sharp turn for accessory brand Genki. Earlier this year, Genki showed off what it claimed were accurate mockups of Nintendo’s next console, the Nintendo Switch 2, well before Nintendo had made anything public.
It happened at its CES booth, complete with 3D-printed replicas, early accessory previews, and even a flashy video render. People stopped and stared, reporters took notes, and fans online started asking if Genki had some kind of inside track.
But that attention didn’t sit well with Nintendo. Fast forward to now, and Nintendo has officially filed a lawsuit against Genki, accusing the company of using its trademarks without permission and making misleading claims to promote its own products.
Nintendo Says Genki Crossed the Line
Nintendo’s lawsuit, filed in the U.S. District Court for the Central District of California on May 2, makes it clear that the company believes Genki went too far. According to the legal complaint, Nintendo is suing for trademark infringement, unfair competition, and false advertising, both under federal and California state law.
In the eyes of Nintendo, Genki used the company’s “Nintendo Switch” and “Joy-Con” trademarks in ways that made it look like their products were officially approved or connected to Nintendo. This included showing off physical mockups of the Switch 2 and labeling accessories as compatible with the device, even though the console hadn’t been revealed to the public yet.
At CES 2025, Genki’s CEO personally showed off the mockups and spoke to multiple reporters, saying the designs were based on a real, unreleased model of the Switch 2. According to the lawsuit, “Genki’s representatives, including its CEO, also did multiple media interviews discussing their ‘eight accessories’ and purportedly confirming specific, highly confidential designs and functionality of the not-yet announced Nintendo Switch 2.”
Nintendo made its public announcement about the console on January 16, and only then shared official details, followed by a full presentation on April 2. Until then, everything was under wraps. Nintendo says Genki jumped the gun, which created confusion among fans and news outlets.
In fact, Nintendo had to issue a statement clarifying that “the gaming hardware that Genki presented as Nintendo hardware at CES is unofficial and was not provided to the company by us.”
Even after that, Genki didn’t back off. Instead, the company leaned into the attention. It continued to use Nintendo’s marks and designs in its videos, social media, and marketing. On April 1, the day before Nintendo’s own planned Direct, Genki announced its own event called “Genki Direct” and streamed a presentation that looked extremely similar in style to Nintendo’s.
During that video, Genki showcased more renders and opened pre-orders for its Switch 2 accessories, stating they’d be ready on the console’s launch day, June 5.
“In the presentation, Genki featured a Nintendo Switch 2 render that was labeled as a ‘Genki Glitch 2,’ an obvious reference to the Nintendo Switch 2,” the complaint reads. “The ‘Genki Direct’ nevertheless concluded with a statement that ‘Glitch 2 Accessories [would be] Compatible with the Switch 2’ and would be available for pre-order starting that day.”
Nintendo says this wasn’t just bad behavior, it was illegal. The lawsuit argues that Genki’s public claims of “day one” compatibility would only be possible if Genki had gotten access to the console or internal specs through unauthorized means. And if Genki didn’t have access? Then, according to Nintendo, they were misleading everyone.
From the legal complaint: “Either Defendant is not in possession of a genuine console and thus cannot claim compatibility with enough certainty to make its advertising claims in good faith, or Defendant 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.”
Nintendo also accuses Genki of using its trademarks to intentionally confuse people. The lawsuit claims this created the false impression that Genki had some sort of partnership or approval from Nintendo. “Consumers are likely to falsely perceive a connection, association, sponsorship, or affiliation between Defendant and its products and services on the one hand and those of Nintendo and its licensees on the other,” it says, especially with both companies pushing products ahead of the console’s release.
On top of that, Nintendo argues that Genki’s actions put the company’s reputation at risk. If fans think Genki’s third-party products are official and something goes wrong, that could damage how people see Nintendo itself. “This places the valuable reputation and goodwill of Plaintiff in the hands of Defendant, over whom Plaintiff has no control,” the lawsuit says.
Nintendo is asking the court to put a stop to Genki’s marketing and sales tied to the Switch 2. It also wants Genki to destroy any products or ads that use Nintendo trademarks, hand over profits made from any related sales, and cover damages and legal fees. The company is also pushing for a permanent injunction that would prevent Genki from continuing this kind of behavior.
The legal complaint ends with a request for a jury trial, meaning this could be headed for a very public showdown unless the two companies settle out of court.
You can read the full 27-page document below!
NinteNintendo Files Lawsuit Against Genki Over Unauthorized Switch 2 Mockups and Trademark Use at CES 2025n… by TheGamePost on Scribd
