Nintendo Sues Over Premature Switch 2 Mockup Leak

Nintendo is taking legal action against accessory manufacturer Genki for trademark infringement after the latter shared renders of a Nintendo Switch 2 "mockup" well before Nintendo officially unveiled its new console. The controversy surrounding the Switch 2 mockup emerged during CES 2025 in January when Genki was reportedly visited by Nintendo's lawyers. At the time, Genki claimed it had not signed a non-disclosure agreement (NDA) with Nintendo and thus felt secure in its actions.

Genki showcased the Switch 2 mockup, which debuted three months ahead of Nintendo's formal unveiling, asserting it was based on an actual Switch 2 system that Genki had seen and used as a reference for its accessories.

Nintendo claims that Genki "boasted its alleged early access to the unreleased console and allowed guests to hold and measure the mockups." Furthermore, Nintendo argues that since Genki’s claims of compatibility "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2... Genki has misled and is misleading the public as to its ability to guarantee the compatibility of its products with the Nintendo Switch 2."

The court papers state that in January 2025, Genki "began advertising that it gained unauthorized access to Nintendo's upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo."

"Following its initial claims of access to a genuine Nintendo Switch 2 console, Defendant's statements were contradictory and inconsistent, with Defendant later stating that it was never in possession of a console. Nevertheless, Defendant has since maintained its representation to consumers that its accessories will be compatible with the Nintendo Switch 2 upon the console's release."

Genki Nintendo Switch Mockup Images from CES 2025

View 3 ImagesNintendo also alleges that Genki infringed its trademarks in its advertising and "in direct competition with Nintendo's and its licensee's legitimate marketing of authorized accessories."

Additionally, Nintendo was displeased with a tweet from Genki on January 20, which depicted CEO Edward Tsai with a finger to his lips and the caption: "Genki ninjas infiltrate Nintendo Kyoto HQ" and a pop-up on the Genki website that read: "Can you keep a secret? We can’t..."

In its lawsuit, Nintendo seeks to prevent Genki from using its trademarked "Nintendo Switch" name in marketing materials, demands the destruction of any products or marketing referencing Nintendo's branding, and requests unspecified "damages it has sustained as a result of Defendant's infringement, unfair competition, and false advertising, and that said damages be trebled."

Over the weekend, Genki responded on social media, stating: "You 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 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 products at PAX East this week."

The statement concluded by thanking supporters "for the overwhelming support [it has] 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," it said.

The Nintendo Switch 2 is set to debut on June 5. Nintendo Switch 2 pre-orders went live on April 24, with the price set at $449.99 — and they sold out quickly. Nintendo has warned U.S. customers who pre-ordered from the My Nintendo Store that release date delivery is not guaranteed due to high demand.

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