Nintendo has initiated legal action against a third-party accessories company that it alleges has violated its trademark and engaged in false advertising.
According to new court papers filed in California, USA, Nintendo is suing Genki for alleged trademark infringement, unfair competition, and false advertising, after the latter publicly showcased a “mockup” Switch 2 console in January 2025, months before Nintendo’s formal launch on April 2.
“Beginning at least as early as December 2024, Defendant embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console,” Nintendo’s lawyers said.
“In January 2025, Defendant began advertising that it gained unauthorized access to Nintendo’s upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo. Defendant also advertised that because of its unique access to a genuine unreleased Nintendo Switch 2 console, it could manufacture gaming accessories that are compatible with the Nintendo Switch 2. Further, Genki announced it would sell those allegedly compatible accessories contemporaneously with Nintendo’s release of its console.”
The Japanese megacorp also took aim at Genki’s claims its accessories were compatible with the Switch 2, insisting that could not be asserted as “compatibility of Defendant’s accessories would not be possible unless and until Defendant has access to a Nintendo Switch 2 console.”
Therefore, Nintendo alleges that Genki is either “not in possession of a genuine console and thus cannot claim compatibility with enough certainty to make its advertising claims in good faith,” or it “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 is asking for Genki to be ordered to refrain from using its copyrighted marks, including the Nintendo Switch name and logo, to be compelled from making “false representations or statements” in the marketing of its accessories as they relate to their compatibility or integration with Nintendo Switch 2. It also wants Genki to be enjoined by the court to destroy any products or marketing materials that contravnene this copyright.
It also seeks an injunction against Genki and the recovery of “all damages it has sustained as a result of Defendant’s infringement, unfair competition, and false advertising, and that said damages be trebled.” It suggests this figure be determined by an audit of Genki’s profits.
Genki responded, saying via a statement: “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.”
