Nintendo Sues Genki Over Unofficial Switch 2 Accessories: Trademark Infringement or Innovation?

The highly anticipated Nintendo Switch 2 hasn't even hit shelves, but a legal battle is already brewing. Nintendo is suing accessory maker Genki (Human Things) for allegedly infringing on trademarks with its early, unofficial mockups and accessories for the console. Is this a case of protecting brand integrity or stifling innovation?

The saga began back in January at CES 2025, where Genki showcased a range of accessories purportedly designed for the Switch 2. The catch? Nintendo hadn't officially unveiled the console. According to The Game Post, Nintendo swiftly issued a statement clarifying that Genki's hardware was "unofficial and was not provided to the company by us."

Despite Nintendo's disapproval, Genki doubled down. As reported, they even hosted a "Genki Indirect" on YouTube, showcasing their planned Switch 2 accessories just before a Nintendo Direct event. This bold move seems to have pushed Nintendo over the edge, leading to the current lawsuit.

Nintendo's complaint, filed on May 2nd, includes five counts of trademark infringement, unfair competition, and false advertising. They claim that Genki's actions could mislead consumers into believing there's an official partnership. They cite using the "Nintendo Switch" and "Joy-Con" trademarks in ways that implied connection with Nintendo. This, they argue, undermines consumer trust and damages Nintendo's reputation if Genki's products are faulty or substandard. Nintendo even claims Genki's CEO said the company's designs were based on a real, unreleased model of the Switch 2.

While Genki hasn't commented on the specifics of the lawsuit, they released a statement saying, "We’re taking it 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." They also assured customers that they are continuing preparations to fulfill orders, and showcased their newest products at PAX East.

This isn't the first instance of accessory makers jumping the gun before official console reveals. However, Nintendo's response indicates a zero-tolerance policy for companies perceived as profiting from their brand without authorization. Nintendo is seeking damages, destruction of Genki's Switch hardware, and a permanent injunction to prevent future similar behavior. The price tag for this could be astronomical, potentially trebling the damages that Genki owes to Nintendo from said products and/or ads.

According to the legal complaint, the lawsuit argues that Genki's public claims of "day one" compatibility would only be possible if Genki had gotten access to the console or internal specs through unauthorized means.

The case raises interesting questions about the balance between protecting intellectual property and fostering a competitive accessory market. Does Nintendo have a right to control all aspects of its brand, or should third-party manufacturers be allowed to innovate and offer alternatives to official accessories?

What are your thoughts? Is Nintendo justified in suing Genki, or is this an overreaction? Share your opinions in the comments below!

• Genki
• Lawsuit
• Nintendo Switch 2