Nintendo sues Genki after leaking Switch 2 design

Gaming accessory maker Genki showed off a 3D printed Switch 2 mockup at CES this year and now Nintendo has launched a lawsuit against the company over trademark misuse and misleading marketing.

Nintendo filed the lawsuit in the U.S., and it covers trademark infringement, unfair competition, and false advertising. The Japanese gaming giant alleged that since Genki used the new Switch and its Joy-Con controllers in its marketing, it implied it was approved by Nintendo when in reality it wasn’t.

Nintendo’s suit states that, “Either Defendant [Genki] is not in possession of a genuine console and thus cannot claim compatibility with enough certainty to make its advertising claims in good faith, or Defendant unlawfully or illicitly obtained an authentic Nintendo Switch 2, or proprietary technical information about the Nintendo Switch 2, prior to the console’s release to the public.”

Genki also held a Nintendo-themed presentation the day before the actual Switch 2 reveal parodying the gaming giant and revealing more Switch 2 information. This is also referenced in the lawsuit. As of the time of writing, Genki still has all of its Switch 2 products listed on its website.

The company appears to be trying to maneuver Genki into a catch-22 situation and is asking the courts to halt Genki’s marketing and sales around the Switch 2 related products. To take it a step further, Nintendo is also asking for profits from the related sales and for Genki to cover the legal fees and damages.

Overall, it’s unclear how strong this lawsuit will be, but Nintendo’s lawyers carry legendary status in the video game space for how well they defend the company’s IP. It also seems unlikely that this case will hit a trial before the launch of the Switch 2 and the Genki accessories on June 5, so the more Genki sells, the more it could potentially owe Nintendo if it loses the trial.

Source: The Game Post