Join The Community
Nintendo has reached a settlement with accessory manufacturer Genki after it initially filed a lawsuit against it, alleging trademark infringement, unfair competition, and false advertising, following the manufacturer showing off mock-ups of the Switch 2 before its reveal.
It was all the way back in January when Genki's apparent Switch 2 mock-ups were shown off at CES 2025 and promptly went viral. Months before Nintendo's latest console was unveiled, the accessory manufacturer showed off an unofficial replica, complete with detachable Joy-Con controllers and a mysterious new button that ended up being the GameChat button. What's more, it was initially claimed that the mock-up was based on the real deal, although Genki later stated that it was based on leaks, and said that "we do not own or possess a black market console."
Months later, Nintendo filed its lawsuit, noting that "following its initial claims of access to a genuine Nintendo Switch 2 console, Defendant's statements were contradictory and inconsistent." It added that "Defendant has since maintained its representation to consumers that its accessories will be compatible with the Nintendo Switch 2 upon the console's release," even though this "would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2."
Furthermore, it claimed, "Genki has misled and is misleading the public as to its ability to guarantee the compatibility of its products with the Nintendo Switch 2," or "in fact illegally and/or illicitly gained access to a pre-release model of the Nintendo Switch 2, rendering its statements otherwise objectively false." Nintendo also wasn't happy about Genki's alleged "infringing use of Nintendo's trademarks in its advertising."
Anyway, as spotted by Twitter user OatmealDome, the two companies have now come to a settlement. In a new court document, it's confirmed that "the parties have resolved Plaintiff's claims in this action pursuant to a separate confidential settlement agreement [...] that operates in conjunction with this Final Judgment and Permanent Injunction."
Nintendo has been "awarded judgment on its claims against Defendant with payment in an agreed-upon amount representing Plaintiff's damages pursuant to the confidential terms of the Agreement," although it's not clear how much Genki is paying it.
What's more, a permanent injunction enforces a number of new restrictions on Genki, including stopping it from using any Nintendo trademarks or intellectual property (such as the Switch 2) – or anything "confusingly or substantially similar thereto" – in its product names. It's also no longer allowed to make reference to such IP in connection with its products, "except in a nominative fair use manner and to the extent necessary to make accurate, verifiable, and lawful compatibility claims" – or to confirm the products aren't affiliated with Nintendo.
In addition, Genki isn't allowed to use elements in packaging, products, or marketing that are "confusingly or substantially similar to Nintendo's core color schemes," which the document states are "namely, red and white, red and blue, green and pink, blue and yellow, purple and orange, pink and yellow, and purple and green."
Nintendo has been busy lately when it comes to legal action. Just last week, the company also reached a settlement with a Switch modder – the individual agreed to pay the company $2 million following its lawsuit over the alleged sale of modded consoles.
