Nintendo has reached a settlement with accessory maker Genki over a lawsuit it filed against it over the Switch 2 model it showed at CES before the console was officially revealed, as well as accessories it promoted using the Switch 2 name.
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Genki's parent company, Human Things, will pay Nintendo an undisclosed amount of money as compensation to settle the case, according to a legal document filed Monday, and has agreed to stop giving its products names that are "misleadingly similar" to official Nintendo intellectual property.
The controversy began in January when the company showed off an accurate 3D-printed model of the Switch 2 at CES, complete with the console's logo, just days before Nintendo's official launch. The company also began promoting its Switch 2 accessory line before the console was even announced.
Nintendo later filed a complaint against the accessory maker in May for alleged “trademark infringement, unfair competition, and false advertising.” Nintendo said it did not provide Genki with technical specifications of the Switch 2, and claimed that Genki either “illegally acquired an authentic Nintendo Switch 2” before the console’s public release, or “cannot claim compatibility with sufficient certainty to make its advertising claims in good faith.”
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Financial terms of the settlement have not been disclosed. According to the settlement document, Genki states that it “did not obtain access to” a Switch 2 prior to the console’s release announcement, and the origins of the 3D-printed unit remain unclear.
In the original lawsuit filing, Nintendo said the company had also infringed its trademark by promoting third-party accessories and services using language that insinuates Nintendo’s intellectual property, such as “Genki Direct” and “Genki Glitch 2.” Nintendo accused Genki of “taking advantage of the trust and loyalty that Nintendo fans have for the Nintendo brand and name and causing actionable harm.”
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Genki is still allowed to reference Nintendo branding on its own products under "nominal fair use" under the new settlement agreement, but only when the company makes verified compatibility claims or to clarify its relationship with Nintendo products as a third-party accessory manufacturer
