Nintendo-watchers may remember when little-known accessory-maker Genki showed the world an extremely accurate 3D-printed mockup of the Switch 2 back in January, about a week before Nintendo's own "first look" teaser video and months before the system's wider unveiling. Now, in a newly filed settlement agreement, Genki has agreed to pay Nintendo unspecified damages for "trademark infringement, unfair competition, and false advertising" in connection with that promotional stunt.
The controversy started at the Consumer Electronics Show, where Genki showed off to press and attendees the 3D mockup of the then-unseen Switch 2 sporting the company's accessories. Genki also posted a video showing a detailed mockup of the system from various angles. By April, Genki was promoting a "Genki Direct" livestream focused on "upcoming accessories for Genki Glitch 2" (no that isn't a typo).
Nintendo's lawyers reportedly visited Genki's CES booth once reports of the Switch 2 mockup started going viral. But a Genki representative asserted at the time that the company did not sign an NDA with Nintendo and therefore "has nothing to worry about."
Our lawyers will be in touch
Genki officially started having something to worry about in May, when Nintendo filed a lawsuit asserting that Genki misled consumers by displaying "unauthorized purported mockups and renderings of the Nintendo Switch 2 and its accessories" and "confirming specific, highly confidential designs and functionality of the not-yet announced Nintendo Switch 2" at CES. Public reports on those mockups resulted in "confusion among consumers as to the validity of Genki’s statements and association with Nintendo," the company alleged.
Nintendo also accused Genki of "extensive use of Nintendo trademarks" in association with their unlicensed products, a move that "exploit[ed] and appropriate[d] for [Genki] the public goodwill associated with... Nintendo Switch marks."
The lawsuit also dealt in part with conflicting reports that Genki may have had "unauthorized, illegal early access to the Nintendo Switch 2," as Nintendo put it. Media reports around CES quoted Genki representatives asserting that their 3D-printed case mockup was based on early access to a real Switch 2 console. But the company later publicly backtracked, writing on social media that "we do not own or possess a black market console, as some outlets have suggested."
In their settlement, Nintendo and Genki simple note that "Genki represents and attests that it didn't obtain any unreleased Nintendo property or documents before the system's official reveal" and leaves it at that.
The public settlement document doesn't go into detail on the confidential "payment in an agreed-upon amount" that Genki will make to Nintendo to put this matter to rest. But the settlement does outline how Genki is barred from referencing Nintendo trademarks or even parody names like "Glitch" and "Glitch 2" in its future marketing. Under the settlement, packaging for Genki accessories also has to "make clear to consumers Genki’s status as an unlicensed accessory manufacturer" and not mimic the color scheme of official Switch 2 hardware.
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