Switch 2 replica leaker learns why you shouldn’t upset Nintendo and their lawyers

Nintendo has filed a lawsuit against an accessory manufacturer that showed off a Switch 2 replica before the console was revealed.

While we know almost all the details about the Nintendo Switch 2 following last month’s info blowout, many of the console’s basic features were leaked months in advance.

These leaks outed the Switch 2’s mouse functionality, magnetic Joy-Cons, and colour scheme, while accessory manufacturer Genki exhibited a 3D printed replica of the console in January at CES (Consumer Electronics Show) in Las Vegas.

Nintendo’s lawyers reportedly approached the company at the trade show and now, four months later, Genki is facing official legal action.

The lawsuit, filed on May 2 in California, accuses Genki of trademark infringement, unfair competition, and false advertising. Nintendo claims Genki advertised that it had ‘gained unauthorised access’ to the Switch 2 console prior to its public reveal, which it could use to manufacturer and sell Switch 2 accessories to consumers.

Nintendo argues that in order to advertise compatible Switch 2 accessories, Genki would have needed ‘access to a Nintendo Switch 2 console or to proprietary technical specifications, neither of which Nintendo provided and/or authorised to be provided’.

The lawsuit also claims Genki used ‘Nintendo Switch marks in connection with the marketing and promotion of its unauthorised Nintendo Switch 2 accessories, misleading consumers into believing that it offers functional, authentic, and authorised Nintendo Switch 2 products’.

Genki has since released a statement on X acknowledging the lawsuit, stating it was taking the accusations ‘seriously’.

A Note from the Genki TeamYou 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…

‘You may have seen that Nintendo recently filed a lawsuit against us,’ Genki posted on X. ‘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 producers at PAX East this week. We’re grateful for the overwhelming support we’re received so far. We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers.’

Considering Nintendo is famously stringent with legal action, it’s hard to understand why Genki decided to show off a replica at CES in the first place – especially as this always seemed like the inevitable outcome.

Whatever happens from now on their relationship with Nintendo is tarnished and yet they’ve gained nothing from the escapade, except a powerful enemy.

According to the lawsuit, Nintendo is seeking the destruction of all Genki products and marketing materials using Nintendo Switch trademarks or similar, and compensation for ‘all damages it has sustained as a result of defendant’s infringement, unfair competition, and false advertising, and that said damages be trebled’.

It’s also unclear where Genki’s information came from, if not from Nintendo themselves. They claim it was just from other public rumours and leaks but the mock-up was so accurate it all seems a bit suspicious.

If all this litigation has got you in the mood for official Switch 2 accessories, pre-orders are available on the My Nintendo Store.

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