Nintendo has taken legal action against Genki, a third-party accessory maker, over its release of Nintendo Switch 2 "mockup" images months before Nintendo officially unveiled the console. The lawsuit accuses Genki of trademark infringement, false advertising, and unfair competition for allegedly leveraging pre-release speculation to promote its products.

Back in January during CES 2025, Genki displayed what it described as a realistic mockup of the upcoming Nintendo Switch 2, claiming it had based its design on a real prototype of the system — an assertion that caught Nintendo’s attention. At the time, Genki reportedly told media outlets that it had not signed any non-disclosure agreements with Nintendo and therefore had “nothing to worry about.” However, Nintendo now argues that this was part of a deliberate strategy to generate buzz around Genki's accessories by falsely implying early access to proprietary hardware.

According to court documents obtained by IGN, Nintendo claims that Genki “embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo's next-generation console.” The company further alleges that Genki misled consumers by asserting compatibility guarantees for its accessories with the unreleased console — something Nintendo says would be impossible without unauthorized access to the system.

The court filing states: “In January 2025, [Genki] began advertising that it gained unauthorised access to Nintendo's upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo.” It goes on to say that while Genki initially claimed to have handled a real Switch 2 unit, it later walked back those statements, yet continued promoting its products as compatible with the upcoming console.

Genki Nintendo Switch Mockup Images from CES 2025

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Nintendo also accused Genki of misusing its trademarked branding in marketing materials and competing directly with official Nintendo accessory campaigns. In particular, the company took issue with a tweet posted by Genki on January 20, featuring CEO Edward Tsai with a finger to his lips and the caption: “Genki ninjas infiltrate Nintendo Kyoto HQ,” along with a website pop-up stating, “Can you keep a secret? We can’t...”

As part of its legal request, Nintendo is seeking an injunction to prevent Genki from using the “Nintendo Switch” name in future promotions, the destruction of all infringing marketing materials and products, and monetary damages for losses incurred due to alleged trademark violations and deceptive practices — with potential trebling of damages under applicable law.

In response, Genki shared a statement on social media acknowledging the lawsuit and confirming it is working closely with legal counsel to formulate a thoughtful reply. The statement read: “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 stand by the quality and originality of our products.”

The post concluded by thanking fans for their support and reaffirming the company’s commitment to delivering products at PAX East and beyond. “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 statement said.

The Nintendo Switch 2 is scheduled for release on June 5, following the launch of pre-orders on April 24 at a fixed price of $449.99. Due to overwhelming demand, Nintendo has issued a notice to U.S. customers indicating that delivery by the official release date cannot be guaranteed.

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