Nintendo sues accessory maker over unauthorised Switch 2 mock-ups

The gaming giant argues that Genki “embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console.” According to Nintendo’s legal filings, Genki promoted accessories it claimed would be compatible with the Switch 2, despite lacking official access to the console’s specifications, and utilized the official Nintendo Switch logo in its promotional materials.

The controversy began in January when reports surfaced that Genki had showcased Switch 2 mock-ups at the Consumer Electronics Show (CES) and released a video purportedly depicting a 3D render of the unannounced console. In response to these reports, Nintendo issued a statement through IGN, clarifying that neither the hardware mock-ups nor the accompanying imagery were official representations of the Switch 2. While initial reports suggested Genki claimed to have access to a Switch 2 unit, the company later stated on X (formerly Twitter) that it does “not own or possess a black market console.” Furthermore, in a statement to Game*Spark (translated by Automaton), Genki asserted that its mock-ups were solely based on publicly available leaked information and speculation. In its lawsuit, Nintendo contends that Genki’s “statements were contradictory and inconsistent,” yet the accessory maker “maintained its representation to consumers that its accessories will be compatible with the Nintendo Switch 2 upon the console’s release.”

Nintendo officially announced the Switch 2 on January 16th, a little over a week after Genki’s mock-ups appeared at CES. However, even in the subsequent months, Nintendo alleges that Genki “continues to exploit the attention of the media and fan base and usurp and threaten sales of Nintendo’s own accessories.”

Nintendo claims this exploitation has occurred through various means, including strategically timing its own “Genki Direct” event to coincide immediately after Nintendo Direct presentations, effectively piggybacking on Nintendo’s marketing efforts. Following the filing of the lawsuit, Genki released a statement on X, acknowledging that it is “taking [the lawsuit] seriously and working with legal counsel to respond thoughtfully.”

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“What we can say is this: Genki has always been an independent company focused on building innovative gaming accessories for the community we love,” Genki’s post continued. “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 fulfil orders and showcase our newest products at PAX East this week.”

The Nintendo Switch 2’s impending arrival follows years of persistent rumours and intense speculation within the gaming community. In its lawsuit, Nintendo notes that it commenced planning for its next-generation console shortly after the successful launch of the original Nintendo Switch. Pre-orders for the Nintendo Switch 2 opened in April, and the console is officially slated to become available to consumers on June 5th. Nintendo’s swift legal action underscores its commitment to protecting its intellectual property and brand image in the lead-up to the highly anticipated launch of its new console.