UPDATE 2.12pm: Genki has acknowledged Nintendo’s legal action, stating that it “takes the matter seriously” and is “proud of the innovations we’ve delivered”.
“As many of you may be aware, Nintendo has filed a lawsuit against us. We are fully engaged with our legal team to ensure a thoughtful response,” the statement elaborated.
“What we can confirm is this: Genki has always operated as an independent entity, dedicated to crafting inventive gaming accessories for our beloved community. We take pride in the quality and originality of our creations.”
“While we can’t delve into specifics just yet, we are preparing to fulfill orders and showcase our latest products at PAX East this week.
“We sincerely appreciate the tremendous support we’ve received thus far. Expect more updates when possible, but for now, we’re focused on what we do best: creating gear for gamers.”
The original story continues.
Original story: Legal documents filed in California indicate that Nintendo is officially suing accessory maker Genki for trademark infringement, alongside claims of unfair competition and false advertising.
Nintendo’s legal team reportedly approached Genki at the CES trade show in January, following the viral dissemination of videos showcasing a dummy Switch 2 console prior to its official reveal on April 2.
In its lawsuit, Nintendo alleges Genki has been “capitalising” on public eagerness for Switch 2 information, makin “contradictory and inconsistent” statements.
“Beginning in December 2024, [Genki] initiated a strategic campaign aimed at seizing the public’s curiosity surrounding Nintendo’s next-gen console,” the court documents state,
“In January 2025, [Genki] began claiming unauthorized access to the unreleased Nintendo Switch 2 console, which Nintendo had yet to publicly unveil. Soon after, their assertions about possessing a genuine console became contradictory, as they later denied ever having one. However, Genki has persistently maintained its claims that its accessories will be compatible with the Nintendo Switch 2 upon its launch.”
Nintendo argues that “ensuring compatibility between Defendant’s accessories and a Nintendo Switch 2 would be impossible unless [Genki] had access to such a console”, emphasizing that it neither authorized nor provided a Switch 2 to Genki. This leads Nintendo to contend that Genki misled the gaming community by either pretending to have a genuine console or illicitly obtaining confidential information prior to the console’s public release.
“Genki made claims about its alleged early access to the unreleased console and even allowed guests to handle its mockups,” noted Nintendo’s attorneys, indicating that the materials Genki showcased at CES infringed on Nintendo’s copyright and caused significant confusion among consumers regarding Genki’s association with Nintendo.
The confusion escalated to the point that on January 10, 2025, Nintendo had to issue a public clarification, stating that ‘the gaming hardware presented by Genki at CES is unofficial and was not provided to us.’
On January 20, Genki shared a photo of its CEO, Edward Tsai, on Twitter, captioning it “Genki ninjas infiltrate Nintendo Kyoto HQ”. Nintendo regarded this as another attempt to mislead the public about Genki’s connection to the Switch 2. Following this, Genki updated its website to promote its supposed early access to Switch 2 information with statements like, “Can you keep a secret? We can’t…”
On April 1, 2025—the day prior to Nintendo’s Switch 2 Direct—Genki allegedly “mass-emailed its marketing contacts and promoted its own ‘Direct’ event set for the same day as Nintendo’s highly anticipated announcement”. Nintendo has taken issue with the title of Genki’s event—dubbed Genki Direct—along with its associated branding.
“Genki’s reassurance of compatibility is untenable without unauthorized early access to the Nintendo Switch 2. Therefore, Genki has misled and continues to mislead the public regarding its ability to provide compatibility assurances for its products with the Nintendo Switch 2.”
Nintendo seeks an injunction against Genki’s use of “Nintendo Switch” in its marketing, demands that any products or promotions utilizing Nintendo’s copyrights be destroyed, and that it recover damages resulting from Genki’s infringement, which they wish to see tripled.
Interestingly, the court documents reveal that Nintendo quickly initiated plans for the Switch’s successor, noting, “Shortly after launching the Nintendo Switch, the groundwork for its successor began, with formal development commencing around 2019.”
The Switch 2 is set to launch on June 5, with a price tag of £396. In preparation for this release, Nintendo has announced a substantial update for the original Switch. Update Version 20.0.0 will introduce several new features, including the Virtual Game Card system, allowing players to share digital titles among consoles or with family members, mimicking the physical cartridge exchange experience.
