Nintendo is suing accent maker Genki over the latter’s “Glitch 2” Swap 2 accent vary, alleging trademark infringement and false promoting underneath federal and California state regulation.
Based on The Sport Publish, Nintendo’s lawsuit, which was filed final week, claims Genki used Nintendo’s “Swap” and “Pleasure-Con” emblems to be able to make it appear as if the accent firm’s merchandise have been accepted by Nintendo.
This, in line with Nintendo’s lawsuit, included the demonstration of what Genki claimed to be correct Swap 2 mockups on the CES 2025 commerce present, which came about previous to the console’s official announcement in January.
Within the lawsuit, Nintendo goes on to say that Genki’s semi-April Fools’ Day joke, which noticed it holding a suspiciously Nintendo Direct-style showcase during which it revealed a spread of equipment for the so-called “Glitch 2”, was an “apparent reference” to the Swap 2.
The Japanese gaming big says that Genki’s claims of compatibility on “day one” for the Glitch 2 vary was deceptive and unlawful, as a result of Nintendo hadn’t supplied Genki with a Swap 2 previous to launch.
This implies the accent maker both wasn’t in “possession of a real console” and thus could not make claims of compatibility “in good religion”, or mentioned console (or info pertaining to its specs) was “unlawfully or illicitly obtained”.
Nintendo additionally says Genki’s use of its emblems would make it seemingly customers would “falsely understand a connection, affiliation, sponsorship, or affiliation” between the 2 corporations the place no such partnership exists.
As for what Nintendo desires from the lawsuit, it is asking the courtroom to place a cease to Genki promoting Swap 2-related equipment. In The Sport Publish’s phrases, it desires Genki to “destroy any merchandise or adverts that use Nintendo emblems”, in addition to handing over income associated to Swap 2 accent gross sales.
In the event you’re within the temper to peruse some authorized documentation, you’ll be able to take a look at the total lawsuit right here, courtesy of The Sport Publish.
