By Holt Hackney
Nintendo has filed a lawsuit against Human Things, Inc. in the Central District of California (Nintendo of America Inc. v. Human Things, Inc., 2:25-cv-03960), alleging, in part, that Genki, an accessory maker, had used Switch branding in an unauthorized manner, which confused consumers and damaged Nintendo.
At issue was the defendant’s participation at CES 2025, where it sparked a publicity uproar by displaying its new products on a dummy Nintendo Switch 2. Allegedly, Genki suggested that its “mock-up” was based on a real Nintendo Switch 2 system and claimed that its accessories would fit the new handheld.
This was a big deal to the plaintiff, which noted in its complaint that its “loyal and longstanding fanbase excitedly anticipates each release of Nintendo’s newest games and consoles. Given the extreme success of the Nintendo Switch, fan anticipation is especially strong for the upcoming release of Nintendo’s next console: the Nintendo Switch 2.”
No shrinking violet when it comes to litigation, Nintendo promptly sued after learning of the activity, claiming the defendant violated federal law pertaining to trademark infringement, unfair competition, and false advertising, as well as California laws pertaining to trademark infringement and statutory unfair competition.
As relief, Nintendo is requesting that the court:
- permanently stop Genki from making products with the Nintendo Switch trademark,
- permanently stop Genki from making false statements around Switch and Switch 2 products, and
- that Genki destroy all said Nintendo Switch branded products.
It is also seeking to recover damages associated with the alleged unlawful activities, attorneys’ fees, and Genki’s profits earned during this period.
In its lawsuit, Nintendo maintained:
“Beginning at least as early as December 2024, Defendant embarked upon a strategic campaign intended to capitalize on the public interest surrounding Nintendo’s next-generation console. In January 2025, Defendant began advertising that it gained unauthorized access to Nintendo’s upcoming Nintendo Switch 2 console, which had not yet been released or even revealed publicly by Nintendo. 27. Defendant also advertised that because of its unique access to a genuine unreleased Nintendo Switch 2 console, it could manufacture gaming accessories that are compatible with the Nintendo Switch 2. Further, Genki announced it would sell those allegedly compatible accessories contemporaneously with Nintendo’s release of its console. Following its initial claims of access to a genuine Nintendo Switch 2 console, Defendant’s statements were contradictory and inconsistent, with Defendant later stating that it was never in possession of a console.
“Nevertheless, Defendant has since maintained its representation to consumers that its accessories will be compatible with the Nintendo Switch 2 upon the console’s release. Ensuring the compatibility of Defendant’s accessories would not be possible unless and until Defendant has access to a Nintendo Switch 2 console or to proprietary technical specifications, neither of which Nintendo provided and/or authorized to be provided to Defendant.
“Therefore, either (1) Defendant is not in possession of a genuine console and thus cannot claim compatibility with enough certainty to make its advertising claims in good faith, or (2) Defendant unlawfully or illicitly obtained an authentic Nintendo Switch 2, or proprietary technical information about the Nintendo Switch 2, prior to the console’s release to the public.”
The “Genki Team” responded as follows to that lawsuit:
“You may have seen that Nintendo recently filed a lawsuit against us. We’re taking it seriously and working with legal counsel to respond thoughtfully.
“What we can say is this: Genki has always been an independent company focused on building innovative gaming accessories for the community we love. We’re proud of the work we’ve done, and we stand by the quality and originality of our products.
“While we can’t comment in detail, we’re continuing preparations to fulfill orders and showcase our newest products at PAX East this week.
“We’re grateful for the overwhelming support we’ve received so far. We’ll share more when we can, but for now, we’re staying focused on doing what we do best: building gear for gamers.”
