Nintendo Sues Over Premature Switch 2 Mockup Reveal

Nintendo is taking legal action against accessory manufacturer Genki for alleged trademark infringement following the company's release of renders depicting a "mockup" of the Nintendo Switch 2, several months before Nintendo officially unveiled its new console.

Rewind a couple of months, and you might recall Genki, the accessories maker behind the Switch 2 mockup controversy at CES 2025 in January, reportedly receiving a visit from Nintendo's legal team. At the time, Genki reassured the press that it had not signed a non-disclosure agreement (NDA) with Nintendo, and therefore had "nothing to worry about."

Genki told CES attendees that its Switch 2 mockup, which surfaced three months before Nintendo's official unveiling, was purportedly based on a real Switch 2 system that the company had seen and used to develop its accessories.

According to court documents obtained by IGN, Nintendo is now suing Genki, alleging that the company "embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console." The lawsuit includes claims 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," stating that Genki's claims of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2... Genki has misled and is misleading the public as to its ability to guarantee the compatibility of its products with the Nintendo Switch 2."

"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

View 3 ImagesNintendo further alleged that Genki infringed its trademarks through its advertising and by competing directly with Nintendo and its licensees in the marketing of authorized accessories.

Nintendo also took issue with a tweet from Genki on January 20, which depicted 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 stating: "Can you keep a secret? We can’t..."

Nintendo is seeking an injunction to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing, the destruction of any products or marketing materials referencing Nintendo's branding, and 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 statement on social media in response to the lawsuit, saying: "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." "We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers."

The Nintendo Switch 2 is set to debut on June 5. Pre-orders for the console went live on April 24, with the price set at $449.99, and demand was as high as anticipated. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed due to high demand.

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