In January, accessory company Genki gained attention when it presented a detailed 3D-printed mockup of the forthcoming Switch 2, just days before Nintendo’s own teaser announcement. The excitement surrounding the mockup and subsequent promotional activities has now led to a settlement agreement where Genki will compensate Nintendo for trademark infringement, unfair competition, and false advertising.
The situation escalated during the Consumer Electronics Show (CES) where Genki showcased to both press and attendees a mockup of the Switch 2, equipped with the company’s accessories. In an additional effort to promote its products, Genki released a video highlighting the mockup from various perspectives. By April, the company was promoting a “Genki Direct” livestream aimed at showcasing upcoming accessories, although the excitement was met with legal scrutiny.
Reports emerged that Nintendo’s legal team visited Genki’s booth amid growing discussions regarding the mockup. A spokesperson from Genki claimed the company had no non-disclosure agreement with Nintendo, indicating confidence that they were operating within legal boundaries.
Legal Action Initiated
Additionally, Nintendo accused Genki of heavily utilizing Nintendo trademarks in their marketing for unlicensed products, thereby benefiting from Nintendo’s established goodwill associated with its brand.
The lawsuit also highlighted allegations that Genki had access to confidential information regarding the Nintendo Switch 2 prior to its official release. Initial reports indicated that Genki representatives claimed their mockup was derived from advanced access to the actual console. However, the company later clarified on social media that it did not possess any unauthorized console.
In the settlement agreement, both parties acknowledged that Genki did not obtain any unreleased Nintendo materials prior to the official reveal of the Switch 2. The document does not specify the financial terms of the settlement but indicates that Genki is restricted from using any Nintendo trademarks or similar names, like “Glitch” in future marketing efforts.
Furthermore, Genki will be required to clearly inform consumers that it is an unlicensed accessory manufacturer on its packaging, which should not emulate the color scheme of Nintendo’s official hardware.
