GNN News May 5, 2025, 17:13:43
Reported by GNN correspondent Inutaku
Nintendo has officially filed a lawsuit in a California court against Human Things’ gaming accessory brand Genki, alleging trademark infringement, unfair competition, and false advertising. According to publicly available court documents, Nintendo accuses Genki of displaying an unreleased Nintendo Switch 2 console model without authorization and claiming that its accessories are compatible with the console, thereby misleading consumers.
In the documents, Nintendo points out that Genki began its marketing campaign in December 2024, deliberately capitalizing on the media hype surrounding the unreleased Switch 2. The company even showcased a highly realistic model of the Switch 2 at the January 2025 CES (Consumer Electronics Show), drawing significant media attention and coverage.
Nintendo’s legal team visited Genki’s booth to investigate and confirmed that Genki had never received an actual console or any official authorization from Nintendo. Based on this, Nintendo filed a copyright infringement lawsuit, accusing Genki of “profiting from public anticipation of the Switch 2” and “making contradictory and inconsistent claims.”
Nintendo’s attorney stated, “Genki boasted about possessing an unreleased console and even allowed visitors to touch and measure the displayed model. The videos, renders, and images shown at their CES booth infringed Nintendo’s copyrights, drawing considerable media and public attention and leading consumers to believe that Genki had an official connection with Nintendo.”
The complaint notes that Genki initially claimed to have obtained the actual console but later denied it, while still insisting that their products were compatible with the Switch 2 in an attempt to confuse the public. Nintendo argued that Genki could not have verified the compatibility of the accessories without obtaining a console, and that the promotional content in question therefore constituted false advertising, or if not, that it had illegally or improperly obtained an unlisted Switch 2 console.
Due to the confusion and debate sparked by Genki’s actions, Nintendo issued a public statement on January 9, 2025, clarifying that the hardware shown at CES was not an official Nintendo product and that the company had never provided any devices to Genki.
What further fueled controversy was Genki’s long-standing marketing strategy, which often implied that the company possessed “insider information.” For instance, in December 2024, Genki’s official X (Twitter) account posted: “DM us if you want to know about Switch 2 accessories.” After the CES incident, on January 20, the company posted a photo of CEO Edward Tsai titled “Genki ninja sneaks into Nintendo HQ” and continued to update its website with vague phrases such as “We know the secret, but can’t hide it,” further blurring the line between Genki and Nintendo. Nintendo believes that such behavior was “clearly intended to further confuse the public into thinking Genki had official authorization or a partnership with Nintendo.”
Nintendo also stated that Genki hosted a livestream titled “Genki Direct” on the same day as the official Switch 2 announcement, mimicking the “Nintendo Direct” branding. Moreover, Genki sent out promotional emails and public announcements the day before, further misleading the public and disrupting market perception.
Nintendo is currently asking the court to order Genki to stop using the term “Nintendo Switch” in marketing, destroy all infringing products and promotional materials, cease production or sales of any goods that violate its trademark rights, and refrain from using any related trademarks in the future. Additionally, Nintendo is seeking damages amounting to three times the actual losses incurred due to Genki’s infringement, unfair competition, and false advertising.
In response, Genki issued a statement acknowledging the lawsuit, saying it is taking the matter seriously and is working closely with legal counsel to prepare its defense. “What we can say for now is that Genki remains an independent company dedicated to creating innovative accessories for the gaming community we love. We take pride in what we do and firmly believe in the quality and originality of our products.”
They also emphasized that while they cannot share further details at this time, they will continue to prepare for product shipments and will attend the upcoming PAX East to showcase new offerings as planned.
Incidentally, the lawsuit has unintentionally revealed the development timeline of the Nintendo Switch successor. According to Nintendo’s court filings, “Shortly after the release of the original Switch, Nintendo began planning for its successor and officially started hardware development around 2019.”
The Nintendo Switch 2 is scheduled for an initial release on June 5, 2025, with a Taiwan launch expected between July and September 2025.
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