Update – 2:12pm:
Accessories maker Genki has responded to Nintendo’s lawsuit, stating it is taking the matter seriously and working with legal counsel to address the situation cautiously.
“You may have seen that Nintendo recently filed a lawsuit against us,” Genki said. “We’re taking it seriously and are consulting with legal counsel to respond appropriately.
Genki has been an independent company that has tried to make unique gaming gadgets for the fans we love. We’re proud of what we’ve accomplished and stand behind the quality and individuality of our products.”
The company added that it is still planning for its PAX East display and fulfilling customer orders.
“We’re grateful for the over-the-top support we’ve received thus far,” the team added. “We’ll give you an update when we can, but in the meantime, we’re keeping our focus fixed on what we do best: building gear for gamers.”
Nintendo’s Lawsuit and Allegations
Newly filed court documents from California reveal that Nintendo has sued Genki for trademark infringement, unfair competition, and false advertising regarding the alleged misuse of branding related to the unreleased Nintendo Switch 2.
Nintendo’s legal team reportedly visited Genki’s CES 2025 booth, where the company showcased a “dummy” Switch 2 console. The mockup, which went viral, led to speculation prior to Nintendo’s official Switch 2 reveal on April 2.
The lawsuit claims Genki falsely stated it had early access to the Switch 2 console, using that claim to promote its own accessories. According to the documents:
- Genki began a campaign in December 2024 to capitalize on interest in Nintendo’s next-gen console.
- The company made inconsistent claims—initially suggesting it had early access, then walking back those statements.
Nintendo stated:
“It would not be possible to ensure Defendant’s accessories are compatible unless and until Defendant has access to a Nintendo Switch 2 console.”
The company accuses Genki of either misleading the public or illegally obtaining confidential hardware information. Additional claims include:
- Allowing CES visitors to interact with and measure the fake console mockups
- Distributing misleading marketing materials with renders of unofficial hardware
- Creating consumer confusion around a potential partnership with Nintendo
On January 10, 2025, Nintendo had to issue a statement clarifying that Genki’s CES display was “unofficial and not supplied by Nintendo.”
The situation escalated further on January 20, when Genki’s CEO Edward Tsai posted a photo in front of Nintendo’s Kyoto HQ with the caption:
“Genki ninjas infiltrate Nintendo Kyoto HQ”
Then, on April 1—just one day before Nintendo’s official Switch 2 Direct—Genki hosted its own “Genki Direct.” Nintendo claims the presentation’s name and branding closely mirrored its own, exacerbating confusion.
What Nintendo Is Seeking
Nintendo is asking the court to:
- Prohibit Genki from using any Nintendo trademarks in marketing
- Destroy all unauthorized products and promotional materials
- Pay damages—potentially tripled due to the seriousness of the violations
Switch 2 Development Timeline Revealed
The court filing also confirmed, for the first time publicly, that Nintendo began planning the Switch 2 “shortly after the release” of the original Nintendo Switch. Formal development is stated to have begun around 2019.
Nintendo Switch 2 Launch Details
The Nintendo Switch 2 is set to launch on June 5, 2025, priced at £396.
In preparation for the new console, Nintendo has also released System Update 20.0.0 for the original Switch, along with a new Virtual Game Card system that allows players to lend digital games to another console or Family Group member—similar to sharing physical cartridges.