Nintendo Sues Genki Over Trademark Infringement, Switch 2 Mockups

Japanese video game company Nintendo is suing accessory maker Genki over unauthorised mockups of its Switch 2, released months before the console’s official launch on June 5.

Filed in the United States District Court for the Central District of California, the suit alleges trademark infringement, unfair competition, and false advertising. Nintendo claims Genki falsely suggested it had access to the unreleased console, advertised accessory compatibility, and used Nintendo’s marks without permission. Genki later denied having access to the device but continued to market its accessories as compatible.

The complaint raises concerns about how Genki could claim compatibility – either it falsely represented early access to the console or it illegally or illicitly gained access – and criticises its use of Nintendo’s marks in marketing and promotion, including mockups and its own “Direct” presentation. Nintendo also argues that any defects in Genki’s products could be wrongly attributed to it.

Nintendo has sought interim relief, including a bar on further use of its marks, destruction of infringing materials, and damages.

Early accessory announcements are not unusual, and brands like Dbrand also revealed accessories for the Switch 2 before its release. It remains to be seen how the Court will evaluate the specific allegations in this case and whether infringement can be established.