Remember when Genki, the accessory maker behind products like the Shadowcast and Savepoint, showed off a mockup of the Switch 2 at CES earlier this year, stealing a march on Nintendo’s official unveiling? Well, it turns out Nintendo itself wasn’t too thrilled at the surprise being ruined, and is taking Genki to court.
In documents spotted by Oatmeal Dome, Nintendo claims that Genki “demoed and promoted unauthorized purported mockups and renderings of the Nintendo Switch 2 and its accessories” at CES, infringing its trademarks.
Genki’s CEO, Edward Tsai, is also charged with showing 3D-printed mockups and claiming that Genki “had or had access to an authentic Switch 2, on which Genki based the mockups, renderings, and 3D-printed mockups.” Nintendo adds that Genki “purportedly” confirmed “specific, highly confidential designs and functionality of the not-yet-announced Nintendo Switch 2.”
These actions, Nintendo claims, “have been designed to capitalize on and appropriate the public’s anticipation for the release of Nintendo’s next-generation console” and feels that Genki has “used Nintendo’s trademarks and trade dress in connection with the marketing of its business and its unauthorized third-party accessories, in violation of Nintendo’s rights in those marks.”
Nintendo also says that Genki’s claim that it had access to a real Switch 2 is false, something Genki itself has since confirmed.
“Genki’s claims of compatibility would be impossible to guarantee without unauthorized, illegal early access to the Nintendo Switch 2. Thus, Genki has misled and is misleading the public as to its ability to guarantee the compatibility of its products with the Nintendo Switch 2,” adds Nintendo.
Nintendo also takes issue with Genki’s social media and web activities, which seemed to suggest that it had “infiltrated” Nintendo’s HQ. It would later post a message on its site with the comment, “Can you keep a secret? We can’t.”
The Japanese giant was also less than pleased with Genki launching its own “Direct” broadcast two hours after Nintendo officially announced the console, claiming that the company used a thumbnail image that could mislead fans into thinking it was an official Nintendo broadcast.
