Nintendo Takes Legal Action Against Genki Over Unauthorized Nintendo Switch 2 Mockups at CES

Nintendo has initiated legal proceedings against Genki, an accessory developer recognized for innovative products such as the Shadowcast and Savepoint devices, due to actions taken at CES 2024 involving unauthorized Nintendo Switch 2 mockups.

The legal complaint concerns intellectual property infringement and misleading claims regarding Nintendo’s highly anticipated next-generation console. At the Consumer Electronics Show (CES) earlier this year, Genki unveiled mockups and rendered images of what it claimed to be the upcoming Nintendo Switch 2 and related accessories.

Nintendo alleges in official court documents, first reported by industry tracker Oatmeal Dome, that Genki “demoed and promoted unauthorized purported mockups and renderings of the Nintendo Switch 2 and its accessories,” directly infringing on Nintendo’s intellectual property and trademarks. Edward Tsai, Genki’s CEO, is also named in the complaint for displaying 3D-printed prototypes and stating that Genki “had or had access to an authentic Switch 2, on which Genki based the mockups, renderings, and 3D-printed mockups.” Nintendo asserts that Genki’s statements suggested the company had exclusive insight into “specific, highly confidential designs and functionality of the not-yet-announced Nintendo Switch 2.” Nintendo’s filing contends that Genki’s actions were intended to capitalize on and exploit public anticipation for Switch 2.

According to Nintendo, Genki “used Nintendo’s trademarks and trade dress to market its business and unauthorized third-party accessories, in violation of Nintendo’s rights in those marks.” Further, Nintendo challenged Genki’s claim that its products were compatible with the upcoming console, stating, “Genki’s claims of compatibility would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2.

Thus, Genki has misled and is misleading the public regarding its ability to guarantee compatibility with Nintendo Switch 2.” Genki has since admitted it did not possess an actual unit of the next-gen hardware. In addition, Nintendo took particular issue with Genki’s online presence and promotional activities, including social media posts that implied insider access to Nintendo’s headquarters and the launch of its own “Direct” video broadcast.

Notably, Genki scheduled this broadcast mere hours after Nintendo’s official announcement, using imagery that Nintendo argues could have misled fans by resembling official Nintendo Direct branding. The legal action underscores Nintendo’s proactive approach to safeguarding its brand, especially as anticipation builds for the successor to the Nintendo Switch.

Since its launch in 2017, the Nintendo Switch has sold over 125 million units worldwide, setting a high bar for the upcoming platform’s reception and underscoring the strategic importance of managing leaks and unauthorized third-party accessory marketing. This case signals a clear message to third-party accessory makers about the risks of preemptively advertising products for unannounced Nintendo hardware.

Nintendo continues to reinforce its position as an industry leader—not only through its celebrated hardware and rich game library but also with staunch protection of its intellectual property and consumer trust.

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