Nintendo has settled its high-profile lawsuit against accessory maker Genki, formally known as Human Things, Inc., over the company’s promotion of Nintendo Switch 2 accessories ahead of the console’s official reveal. The case concluded with a confidential settlement and a permanent injunction granted in Nintendo’s favor.
The dispute began in early January 2025, when Genki exhibited a 3D-printed Switch 2 mockup at CES, complete with Nintendo branding, just days before Nintendo’s own First-look Trailer for the console. The company also held a “Genki Direct” showcase and promoted compatibility with the then-unannounced hardware. Nintendo alleged these actions amounted to trademark infringement, unfair competition, and misleading marketing.
While speculation arose that Genki may have obtained unauthorized access to the hardware prior to its reveal, the company has attested in court that it “did not obtain access to any of Plaintiff’s property” before the Switch 2 was officially unveiled. Instead, the accessories were developed without access to Nintendo’s confidential designs or specifications.
As part of the settlement, Genki agreed to cease using Nintendo’s intellectual property in ways that could cause confusion. This includes the prohibition of Nintendo trademarks, brand logos, and color schemes associated with the company’s consoles. Furthermore, Genki may not use names like “Glitch 2” or host marketing events under terms such as “Genki Direct” that resemble Nintendo’s own branding.
Genki will still be allowed to reference Nintendo products in limited circumstances under nominative fair use, but only when making factual compatibility claims or clarifying its status as an unlicensed accessory maker.
Financial terms were not disclosed, though Nintendo confirmed that damages will be paid under the settlement. Each side will cover its own legal costs. The permanent injunction applies worldwide and covers both present and future Nintendo intellectual property, with violations subject to severe penalties.
This case highlights Nintendo’s strong commitment to safeguarding its branding and product announcements. For third-party accessory manufacturers, the ruling indicates the potential dangers of marketing products for unreleased gaming hardware without official authorization.
