What just happened? It's been a busy few days for Nintendo's lawyers. Fresh from securing a $2 million payout over a piracy trial, the company has just settled its lawsuit against accessory maker Genki over its mockups of the then-unannounced Switch 2 at CES 2025.
At the world's largest consumer electronics show in January, Genki revealed an "exact replica" of the Nintendo Switch 2 to the press. The company also published a video showing a 3D render of the handheld.
Genki initially said that its mockup was modeled after a real Switch 2 unit it had seen and tested. Nintendo, however, denied ever providing such access. Genki then walked back its statement, posting on X that it did "not own or possess a black market console." It also told a Japanese outlet that the design was instead based on leaked details and that it had never actually handled a Switch 2.
Not long after the mockups gained traction online, one of Nintendo's lawyers was spotted at Genki's CES booth. Genki assumed it faced no legal risk since it had never signed an NDA or confidentiality agreement with Nintendo. Still, the company ended up leaving CES a day earlier than planned, before the event officially wrapped.
Nintendo filed a lawsuit against Genki in May, accusing it of trademark infringement, unfair competition, and false advertising. The gaming giant said that it had never provided Genki with technical Switch 2 specifications, alleging that the maker had either "unlawfully or illicitly obtained an authentic Nintendo Switch 2" before it was released, or "cannot claim [accessory] compatibility with enough certainty to make its advertising claims in good faith."
Nintendo was especially unhappy with a tweet from Genki CEO Edward Tsai posted on January 20, which showed him with his fingers to his lips and the caption "Genki ninjas infiltrate Nintendo Kyoto HQ." There was also a pop-up on Genki's website that read: "Can you keep a secret? We can't..."
Genki ninjas infiltrate Nintendo Kyoto HQ… 🥷 pic.twitter.com/JnkxGtmX9E
– GENKI (@GenkiThings) January 20, 2025
The terms of the settlement were not disclosed by the court, and each party must pay its own legal fees and costs. Documents state that Genki continues to deny it obtained access to a Switch 2 before launch.
The ruling includes a permanent injunction against Genki that prevents it from using any logo or design -- or anything similar – owned by Nintendo, including Glitch, Glitch 2, Genki Direct, Genki Indirect, and other approximations of Nintendo property names.
Genki can keep making Nintendo accessories and reference the company in its branding, but only in a "nominative fair use manner." It must also clearly state that any accessories it sells that work with or are promoted for use with Nintendo products are made by an unaffiliated, unlicensed manufacturer.
Earlier this week, a Switch modder who represented himself in a piracy case against Nintendo lost his legal fight and was ordered to pay the company $2 million in damages.