Nintendo Sues Over Premature Switch 2 Mockup Release

Nintendo has initiated legal action against accessory manufacturer Genki, accusing them of trademark infringement following the release of renders depicting a "mockup" of the Nintendo Switch 2. These images surfaced months before Nintendo officially unveiled its new console.

Rewind to a few months ago, and you might recall that Genki, central to the controversy surrounding the Switch 2 mockup showcased at CES 2025 in January, reportedly received a visit from Nintendo's legal team. At the time, Genki reassured the press that they had not signed a non-disclosure agreement (NDA) with Nintendo, claiming they had "nothing to worry about."

Genki presented the Switch 2 mockup to visitors at CES 2025, three months before Nintendo's official unveiling, claiming it was based on an actual Switch 2 system they had seen and used to develop their accessories.

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

The court papers state, "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."

"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 also accuses Genki of infringing on its trademarks through its advertising and directly competing with Nintendo's and its licensees' authorized accessory marketing.

Nintendo 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 that read: "Can you keep a secret? We can’t..."

Nintendo is seeking to prevent Genki from using the trademarked "Nintendo Switch" name in its marketing, to have any products or marketing referencing Nintendo's branding destroyed, and to recover unspecified "damages it has sustained as a result of Defendant's infringement, unfair competition, and false advertising," with the damages to be tripled.

Over the weekend, Genki responded via 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" and reaffirming their commitment to "building gear for gamers."

The Nintendo Switch 2 is scheduled to debut on June 5. Pre-orders began on April 24, with the console priced at $449.99, and demand has been extremely high. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release date delivery is not guaranteed due to the intense demand.

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