Nintendo Sues Over Premature Switch 2 Mockup Leak

Nintendo has initiated legal action against accessory manufacturer Genki for alleged trademark infringement following Genki's early release of renders depicting a "mockup" of the Nintendo Switch 2. This move came months before Nintendo officially unveiled images of their new console.

Rewind to a couple of months ago, and you might recall that Genki, the company behind the Switch 2 mockup controversy at CES 2025 in January, reportedly faced a visit from Nintendo’s legal team. At that time, Genki reassured the press that they had not signed a non-disclosure agreement (NDA) with Nintendo, suggesting they were not concerned about legal repercussions.

Genki shared with attendees at CES that their Switch 2 mockup, which debuted three months before Nintendo's official unveiling, was allegedly crafted based on a real Switch 2 system they claimed to have seen and used for developing their accessories.

According to court documents obtained by IGN, Nintendo is now taking legal action against Genki, accusing them of launching a "strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console." The lawsuit cites charges of trademark infringement, unfair competition, and false advertising.

Nintendo claims that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." They further argue that Genki's claims of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2," suggesting that Genki has misled the public about the compatibility of its products with the upcoming console.

"In January 2025, \[Genki\] 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," the court papers stated.

"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 also accused Genki of infringing its trademarks through its advertising and competing directly with Nintendo's and its licensees' legitimate marketing of authorized accessories.

Additionally, Nintendo took issue with a tweet from Genki on January 20, which featured 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 that read: "Can you keep a secret? We can’t..."

In their lawsuit, Nintendo seeks to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing materials, demands the destruction of any products or marketing that references Nintendo's branding, and requests 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 thanking supporters for their "overwhelming support \[it has\] received so far," and affirmed their commitment to "doing what we do best: building gear for gamers."

The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders for the console began on April 24, with the price set at $449.99, and they sold out rapidly. Nintendo has also issued a warning to U.S. customers who pre-ordered through the My Nintendo Store, stating that release date delivery is not guaranteed due to high demand.

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