Nintendo Sues Over Premature Switch 2 Mockup Reveal

Nintendo has initiated legal action against the accessory company Genki, alleging trademark infringement following Genki's early release of renders purporting to be a Nintendo Switch 2 "mockup" several months before Nintendo officially unveiled its new console.

Rewind to a few months ago, and you might recall that Genki, the accessory maker embroiled in the Switch 2 mockup controversy at CES 2025 in January, was reportedly visited by Nintendo’s legal team. At the time, Genki reassured the media that it had not signed a non-disclosure agreement (NDA) with Nintendo, and thus, believed it had "nothing to worry about."

Genki claimed to attendees at CES that its Switch 2 mockup, showcased three months prior to Nintendo's official reveal, was based on an actual Switch 2 unit that Genki had seen and used to develop its accessories.

According to court documents reviewed by IGN, Nintendo is now taking legal action against Genki, accusing the company of "embarking upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console," and charging them with trademark infringement, unfair competition, and false advertising.

Nintendo's legal filing argues that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups," and further stated 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."

"In January 2025, \[Genki\] began advertising that it gained unauthorised access to Nintendo's upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo," the court documents assert.

"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 further alleges that Genki infringed its trademarks in its advertising and "in direct competition with Nintendo's and its licensee's legitimate marketing of authorized accessories."

Nintendo also expressed disapproval of 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," along with a pop-up on the Genki website stating: "Can you keep a secret? We can’t..."

In seeking redress, Nintendo is demanding that Genki be prohibited from using its trademarked "Nintendo Switch" name in marketing materials, that Genki destroy any products or marketing materials referencing Nintendo's branding, and that Nintendo be awarded 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 issued a response 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 expressing gratitude 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 slated to launch on June 5. Pre-orders for the Nintendo Switch 2 opened on April 24, with the console priced at $449.99 — and they sold out quickly. Additionally, Nintendo has issued a warning to U.S. customers who pre-ordered from the My Nintendo Store, indicating that release date delivery is not guaranteed due to high demand.

For more information, check out IGN's Nintendo Switch 2 pre-order guide.