Nintendo is officially going after one of the companies that gave eager fans an early look at the Switch 2 weeks before its official reveal. In a lawsuit filed over the weekend, Nintendo accuses tech accessory maker Genki of violating its trademark, false advertising, and falsely portraying a cordial relationship with the Japanese gaming giant.
In a complaint filed in the Central District of California on May 2, Nintendo claims that as early as December 2024, Genki “embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console.” The filing claims that Genki advertised it had unique access to a Switch 2 console and was able to produce accessories for the then-yet-to-be-announced console far ahead of its launch. Then, in a statement the filing called “contradictory and inconsistent,” the accessory company said that it never had a Switch 2 console.
Attorney David B. Hoppe, a managing partner at media and tech lawfirm Gamma Law, told Inverse that it's not surprising Nintendo took action against Genki considering how it publicized its alleged knowledge of the Switch 2.
"Human Things’ physical device appeared to indicate access to proprietary design specs, which could suggest unauthorized use of confidential information," Hoppe said. "This was not the case with the more concept-like renderings displayed by other companies. So it’s not just a matter of having a physical version vs. an online version, but the fact that in this case the physical version had a particular amount of detail that may suggest unauthorized access to Nintendo’s proprietary information."
“Ensuring the compatibility of Defendant’s accessories would not be possible unless and until Defendant has access to a Nintendo Switch 2 console or to proprietary technical specifications, neither of which Nintendo provided and/or authorized to be provided to Defendant,” the filing reads.
The complaint goes on to say that Genki either falsely advertised that it had made a product based on the full specifications of its upcoming console, or that it had access to the console through illicit means.
The lawsuit presents interactions the brand’s Twitter account had with GameStop CEO Ryan Cohen in hopes of sharing information about its upcoming Switch 2 accessories. It also presents a preview blurb from its CES 2025 exhibitor page, in which Genki states it was “happy to discuss any Switch 2 info we may have as we’re making stuff for it,” as well as a selection of media interviews and coverage the company garnered at the annual event.
Inverse had a chance to go hands-on with the 3D-printed mock-up for the Switch 2 at CES 2025 and even interviewed Genki CEO Edward Tsai about their plans for the upcoming handheld. At the time, Tsai told us it was never Genki’s intention to spoil the reveal for the Switch 2.
“We love Nintendo,” Tsai told Inverse at the time. “We don’t want to steal their thunder, but I think the software, the games are going to be the biggest thing.”
Tsai also told us that the designs for Genki’s accessories were based on specifications that had already leaked, as everything about the console was pretty much out there.
While they’ll be embroiled in the lawsuit in the months to come, Tsai’s statements at the time ring true. Genki was far from the first source to leak what Nintendo’s console would look like. Other third-party accessory companies like Dbrand, as well as numerous leakers in China, provided even earlier, ultimately accurate looks at the handheld. There’s a chance that Nintendo’s lawsuit against Genki may be just the beginning.
Genki and Tsai did not immediately respond to requests for comment. However, the company shared a statement on X saying that it’s taking the lawsuit “seriously and working with legal counsel to respond thoughtfully.”
“Genki has always been an independent company focused on building innovative gaming accessories for the community we love,” the statement reads. “We’re proud of the work we’ve done, and we stand by the quality and originality of our products.”
Nintendo has been especially litigious as of late. It is currently in the middle of a lawsuit against Palworld developer Pocket Pair for how similarly it presents capturing creatures with throwable spheres. It has also cracked down on emulation for its consoles.
This story has been updated with expert comment.
