Nintendo Sues Accessory Maker for Leaking and Misleading Switch 2 Details

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In a seemingly premature move, accessory maker Genki revealed some accessories designed for the unannounced Nintendo Switch 2 at the Consumer Electronics Show (CES), which has prompted a response from Nintendo, suggesting potential legal action.

While the rumors about the Switch 2 have been circulating for some time, it was actually Genki, a third-party manufacturer of accessories and peripherals, who provided the initial glimpse of the new console, rather than Nintendo officially unveiling it themselves.

They demonstrated a prototype of external devices they had been working on for the console. The company proudly announced that they had received early access to the console before Nintendo officially released it, which Genki openly acknowledged.

Consequently, they’re taking legal action against the company, claiming that it illegally used preliminary versions of the console as promotional materials for its own product.

Nintendo sues Genki for leaking Switch 2

Even though the official unveiling of the Switch 2 happened just over a month ago, it’s likely that developers have had the device in their possession for quite some time prior to the announcement.

Emphasizing third-party collaboration is crucial for Nintendo at present, and it’s vital to equip the developers who create those games with development kits to strengthen this partnership.

Yet, Genki was not included on the roster. Their sole means of obtaining the console and sharing intricate images of its final design would involve acquiring confidential specifications illicitly.

As a result, Nintendo is throwing the book at them and taking them straight to court.

The detailed court case illustrates multiple instances where Genki showcased images suggesting the Switch 2, approximately two months prior to Nintendo’s formal announcement. They enticed potential customers by demonstrating the console, and even marketed their accessories on a prototype of the Switch 2. Moreover, they had designs prepared in anticipation of when Nintendo would officially announce the product.

Nintendo showed several examples of Genki leaking the Switch 2 on social media in their lawsuit

Nintendo is taking legal action against them because they illegally obtained information about the Switch 2’s design and are also attempting to rival Nintendo by marketing their product aggressively, leading consumers to mistakenly believe that Genki is a direct partner of Nintendo.

“Nintendo claims that since Genki didn’t have authorization from Nintendo to get early versions of their new console, it’s doubtful they ever had a genuine Nintendo Switch 2. This contradicts Genki’s public statements. Furthermore, according to Nintendo of America, Genki deceived Nintendo fans by implying they could create compatible accessories for the Nintendo Switch 2.”

Since ensuring compatibility with the Nintendo Switch 2 is a crucial factor for consumers looking to buy accessories for it, misrepresenting that product as compatible is significant and affects their decision-making process when buying.

If the Court does not intervene to stop the actions of the Defendant, these harmful actions are likely to persist, resulting in significant damage to the Plaintiff, the general public, and Nintendo’s customers. Such harm may not be compensated for through conventional legal remedies.

Following this, Nintendo detailed the grounds for their lawsuit against Genki: They’re alleging Federal Trademark Violation, Federal Unjust Competition, Federal Misrepresentation in Advertising, Common Law Trademark Infringement and Unfair Competition in California, and Statutory Unfair Competition under California law.

According to reports, Nintendo of America has instructed Genki to stop manufacturing accessories for the upcoming Switch 2 and is attempting to rescind all their authorization to sell products related to the Switch 2. They are further requiring that any existing inventory be disposed of, as per Nintendo’s instructions.

Moreover, they’re taking steps for “rectifying promotions” to make sure people understand which products are directly from Nintendo. They’re insisting that Genki covers all of Nintendo’s legal expenses, and they’re requesting that any profits gained from what they consider misleading advertising be redirected to Nintendo.

It’s important to mention that the outcome of this lawsuit is yet undecided, and Nintendo may not necessarily emerge victorious. Additionally, there’s a possibility they might choose to negotiate an out-of-court settlement instead. At present, all Genki’s Switch 2 items are available for purchase on their website.

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2025-05-03 23:18