Nintendo Sues Genki for Trademark Infringement Over Switch 2 Mockups

Nintendo has filed a lawsuit against Genki, a gaming accessory company, for allegedly misusing Nintendo’s trademarks in promotional material for the unannounced Switch 2 console. The dispute centers on Genki’s CES 2025 booth, where it showcased third-party product mockups depicting a fictional version of the Switch 2—prompting swift legal retaliation from Nintendo.

According to Nintendo Life, Nintendo alleges that Genki’s use of its trademarks and design language could confuse consumers and damage Nintendo’s brand. The suit, filed in federal court, seeks an injunction and damages based on trademark infringement and unfair competition.

What Triggered the Lawsuit?

At CES 2025, Genki displayed promotional renders of what it claimed were accessories compatible with Nintendo’s yet-to-be-released Switch 2. These mockups used design elements closely resembling existing Nintendo trademarks, including the Joy-Con silhouette, UI styling, and branding cues—none of which were licensed or officially confirmed. At the time, Nintendo reportedly sent lawyers to Genki’s CES booth to demand removal of the mock Switch 2 imagery. Although Genki removed the images, the legal dispute continued to escalate behind the scenes.

By May, Nintendo filed a formal lawsuit in federal court, alleging that Genki’s use of unapproved visuals and brand styling amounted to trademark infringement and unfair competition. As reported by TheGamePost, Nintendo argues that these speculative renderings mislead the public by implying an association or endorsement that doesn’t exist. This is classic territory for a trademark infringement claim, where the key legal issue is likelihood of confusion.

Related Article: What Happens If Someone Infringes My Trademark?

Who Are the Parties Involved?

• Nintendo: The global video game giant known for fiercely protecting its intellectual property.
• Genki: A startup known for producing accessories like portable docks and audio adapters for Nintendo consoles.

This isn’t the first time Nintendo has taken aggressive action against third parties using its IP. But the focus here—on speculative mockups—underscores how seriously major brands take unauthorized pre-release content and trade dress mimicry.

Why This Matters for Small Businesses

Whether you sell accessories, parody merchandise, or custom-designed compatible products, this lawsuit sends a clear message: referencing another company’s brand—especially without permission—can land you in serious legal trouble.

For small businesses, this case illustrates key points:

• Trademark clearance matters, even for product previews and promotional material. Learn more.
• Speculative mockups that reference famous brands may still be considered commercial use and thus actionable.
• Courts don’t require actual confusion—just the likelihood that a consumer might believe your product is officially affiliated.
• Even visual similarities (colors, shapes, UI elements) can qualify as infringing trade dress.

Takeaways for Brand Owners and Product Designers

If you’re a business owner creating products or marketing campaigns that reference—or rely on compatibility with—famous brands, take heed:

• Don’t use another brand’s trademark in mockups without clearance.
• Avoid implying a relationship, endorsement, or official tie-in unless it exists.
• Consult a trademark attorney to review your product packaging, ads, and designs for risk.

Too many startups treat trademark law as something only “big companies” need to worry about—until they get served with a lawsuit.

Protect Your Brand the Smart Way

Don’t leave your brand vulnerable. Whether you’re promoting a new product or navigating a tricky competitor reference, Harrigan IP can help you stay compliant and protected.

Need help avoiding trademark infringement risks? Contact Harrigan IP today to schedule a consultation with an experienced trademark attorney.