Nintendo has settled its lawsuit against accessory manufacturer Genki regarding a mockup of the Switch 2 that was displayed at CES prior to the console’s official announcement. Genki, under its parent company Human Things, will pay an undisclosed sum in damages to Nintendo and has agreed to cease using product names that are “confusingly similar” to Nintendo’s intellectual property.
The disagreement began in January when Genki unveiled a 3D-printed mockup of the Switch 2, which included the console’s logo, just days before Nintendo’s official launch. Additionally, Genki promoted a range of accessories tagged with the Switch 2 name.
Nintendo filed a legal complaint in May, alleging “trademark infringement, unfair competition, and false advertising.” The company claimed it had not provided Genki with technical specifications for the Switch 2 and accused Genki of either unlawfully obtaining an authentic unit or lacking sufficient grounds to claim compatibility for its products. The financial details of the settlement have not been made public.
In the lawsuit, Nintendo highlighted that Genki had infringed its trademark by marketing third-party accessories using terms such as “Genki Direct” and “Genki Glitch 2,” asserting that Genki exploited the loyalty of Nintendo fans, resulting in reputational harm.
Under the new settlement, Genki is allowed to reference Nintendo branding in a “nominative fair use manner.” This means they can mention Nintendo in contexts where they verify compatibility or clarify their role as a third-party accessory producer, but they must adhere to the stipulations outlined in the agreement.
Source: https://www.theverge.com/news/774236/nintendo-switch-2-genki-lawsuit-settlement