Nintendo has filed a lawsuit against Human Things, the owner of the Genki brand. The lawsuit is based on allegations of trademark infringement, unfair competition, and false advertising. The reason for the lawsuit was Genki’s demonstration of 3D-printed mockups of the unannounced Nintendo Switch 2 console, published in January without the consent of the copyright holder.
Image source: Nintendo
The lawsuit involves three charges: trademark infringement, conduct that violates fair competition standards, and dissemination of false advertising. The claims are based on publications and demonstrations related to the Nintendo Switch 2 console prior to its official announcement. The lawsuit seeks to compel Genki to destroy all products related to the Nintendo Switch and Switch 2, cease further use of Nintendo trademarks, and compensate the plaintiff for all damages, with the potential for tripling the amount of compensation.
According to the lawsuit, Nintendo believes Genki’s actions began in December 2024, when the company posted a message on X (formerly Twitter) in response to GameStop CEO Ryan Cohen. In it, Genki stated that it was developing accessories for the Switch 2. Nintendo interpreted the post as the beginning of publicly disseminating information about the unannounced console. In January 2025, Genki posted a message on its Consumer Electronics Show (CES) page: “We’re happy to discuss any information about the Switch 2 and what we’re doing for it.” This was the company’s first direct statement that it was working on products for Nintendo’s new console.
Image source: @ryancohen / X
Later in January, Genki CEO Edward Tsai personally showed 3D-printed Switch 2 mockups to several journalists. According to the lawsuit, he claimed that Genki had or had access to a genuine version of the console. According to Nintendo, the company used this information to create renders and physical models of the device. The documents also highlight that Genki representatives gave several interviews in which they discussed eight accessories and confirmed the technical design and functionality of the unannounced platform. Nintendo considers this information confidential.
The lawsuit alleges that Genki showed a video of the Switch 2 at CES 2025 that featured Nintendo branding, including the new console’s logo. Nintendo points out that the video was publicly available and contains elements of trademark infringement. The lawsuit also cites an X post that featured a photo of Edward Tsai with the caption, “Genki ninjas infiltrate Nintendo’s Kyoto headquarters.” Nintendo argues that this was an attempt to mislead consumers about Genki’s affiliation with Nintendo or its access to inside information.
Image source: @GenkiThings / X
In April, the day before the Nintendo Switch 2 was scheduled to be unveiled, Genki sent out mass marketing materials and posted on social media about hosting its own stream called “Direct.” The lawsuit alleges that the use of the word “Direct” directly infringed on the Nintendo Direct brand. The company believes that Genki’s actions were intended to steal the audience’s attention and create a false impression of a connection between Genki and Nintendo.
Nintendo said in the lawsuit that Genki’s actions were intended to gain commercial advantage by using someone else’s trademarks, prematurely disclosing information about the new console, and creating misleading associations with the Nintendo brand. The lawsuit comes weeks before the official launch of the Nintendo Switch 2, which is confirmed to take place on June 5. Genki and its parent company Human Things are required to file a formal response within 30 days of the lawsuit being filed.