Back in January, accessory brand Genki showed off what was claimed at the time to be a replica of the Nintendo Switch 2, which wasn’t revealed yet at the time. This got the company the legal ire of the old Japanese games company, which was considering legal action despite the accessory maker saying it hadn’t signed any legal agreements, and made its mockup based entirely on leaks. More recently, it looks like Nintendo has pulled the legal trigger.
The lawsuit was filed in the US District Court for the Central District of California on 2 May. Reasons for filing include trademark infringement, unfair competition, and false advertising, both under the country’s federal law as well as the state’s law.
In the suit, Nintendo says that Genki used the “Nintendo Switch” and “joy-Con” trademarks to indicate that the accessories were officially approved by the games maker. This, in turn, is “likely to impute any shortcomings, defects, or lack of quality in Genki’s products to Nintendo”. The games brand also challenges that the accessory maker has been inconsistent with claims of its designs being based on unofficial access of the at-the-time unannounced handheld console hybrid.
As part of the lawsuit, Nintendo wants Genki to stop selling products marked with the former’s trademark, and to be paid compensation for damages the brand suffered as a result. The accessory brand has published its own statement via its official account on X, though it doesn’t say much beyond fulfilling orders already made and showcasing its newest products at PAX East.
(Source: CourtListener, Genki / X)
