Nintendo Sues Over Leaked Switch 2 Mock-Up

Nintendo has filed a trademark infringement lawsuit against accessory maker Genki after the company shared renders of a Nintendo Switch 2 "mockup" months before Nintendo officially unveiled its next-generation console.

Recall that several months ago, Genki — the accessories manufacturer central to the CES 2025 Switch 2 mockup controversy in January — reportedly received a visit from Nintendo’s legal team. At the time, however, Genki informed media outlets that it had not signed a non-disclosure agreement (NDA) with Nintendo and therefore had "nothing to be concerned about."

Genki informed visitors that the Switch 2 mockup, which debuted three months prior to Nintendo’s official announcement, was supposedly based on an actual Switch 2 device the company had seen and used as reference for designing its accessories.

According to court documents reviewed by IGN, Nintendo is now suing the company, alleging that Genki engaged in "a strategic campaign intended to capitalize on public anticipation for Nintendo’s next-generation console." The lawsuit cites trademark infringement, unfair competition, and false advertising.

Nintendo claimed Genki "publicly touted its alleged early access to the unreleased console and permitted guests to handle and measure the mockups." The company further argued that since Genki’s claims of accessory compatibility "would be impossible to verify without unauthorized, illicit early access to the Nintendo Switch 2... Genki has misled and continues to mislead consumers regarding its ability to guarantee product compatibility with the Nintendo Switch 2."

"In January 2025, [Genki] began promoting that it had obtained unauthorized access to Nintendo’s upcoming Nintendo Switch 2 console, which had not yet been announced or publicly revealed by Nintendo," the court filing stated.

"Following its initial statements regarding access to an actual Nintendo Switch 2 console, the Defendant’s claims became contradictory and inconsistent, with the Defendant later stating it never possessed a console. Despite this, the Defendant continues to assure customers that its accessories will be compatible with the Nintendo Switch 2 upon the console’s launch."

Genki Nintendo Switch Mockup Images from CES 2025

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The Japanese gaming giant further accused Genki of trademark infringement in its promotional materials and "in direct competition with Nintendo and its licensed partners’ legitimate marketing of officially licensed accessories."

Nintendo also objected to a Genki tweet from January 20 featuring CEO Edward Tsai with a finger to his lips and the caption: "Genki ninjas infiltrate Nintendo Kyoto HQ," along with a pop-up message on Genki’s website stating: "Can you keep a secret? We can’t..."

As remedy, Nintendo seeks to bar Genki from using the trademarked "Nintendo Switch" name in its marketing, destroy all products and promotional materials referencing Nintendo’s branding, and recover unspecified "damages incurred as a result of the Defendant’s infringement, unfair competition, and false advertising, with said damages to be tripled."

Over the weekend, Genki posted a response on social media, stating: "You may have seen that Nintendo recently filed a lawsuit against us. We’re taking the matter seriously and are working with legal counsel to prepare a careful response.

"What we can share is this: Genki has always operated as an independent company dedicated to creating innovative gaming accessories for the community we serve. We take pride in our work and stand behind the quality and originality of our products. Although we cannot provide detailed comments at this time, we are continuing preparations to fulfill orders and showcase our latest products at PAX East this week."

The statement concluded by thanking supporters "for the overwhelming encouragement [we] have received." "We will share further updates when possible, but for now, we remain focused on our core mission: creating gear for gamers," it ended.

The Nintendo Switch 2 is scheduled to launch on June 5. Pre-orders for the Nintendo Switch 2 began on April 24, with the price set at $449.99 — and they proceeded about as smoothly as anticipated. Separately, Nintendo has cautioned U.S. customers who placed Switch 2 pre-orders via the My Nintendo Store, noting that release date delivery cannot be guaranteed due to exceptionally high demand.

Refer to IGN’s Nintendo Switch 2 pre-order guide for additional details.