Nintendo’s lawsuit against Genki is over: on September 10, 2025, a federal court entered a stipulated final judgment and permanent injunction after the parties settled. The order restricts how Genki can use Nintendo’s marks and describe its accessories, but it does not decide that Genki obtained or used a leaked Switch 2 prototype.
What happened in Nintendo’s lawsuit against Genki?
Nintendo of America Inc. sued Human Things, Inc., which does business as Genki, in May 2025. The complaint alleged trademark infringement, unfair competition, and false advertising related to Genki’s prerelease Switch 2 accessory promotions and CES mockups. These were Nintendo’s allegations, not findings after a public trial.
The court’s September 10 stipulated judgment says Genki promoted Switch 2 accessories by January 7, 2025, before Nintendo’s January 16 First-look Trailer announced the console’s name and design. It also says Genki displayed an alleged 3-D-printed mockup and a digital render at CES 2025. Read the stipulated judgment and permanent injunction.
Did the court say Genki had a leaked Switch 2?
No. The judgment recounts third-party media reports alleging unauthorized access to an unreleased console. It also records Genki’s representation that it did not access Nintendo property before the reveal trailer or official launch. The stipulated judgment did not resolve that dispute by finding that Genki possessed a prototype, stole a console, or leaked specifications.
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That distinction matters: the order establishes the parties’ settlement and imposes restrictions, but it is not a public trial verdict on how Genki learned about the console or created its mockups.
What does the permanent injunction require?
The injunction applies to Genki and specified related parties. It limits Nintendo-brand references and requires clear disclosures so customers are not misled about Genki’s relationship with Nintendo.
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Uses the order prohibits or restricts
- Using Nintendo-owned logos or confusingly similar marks in connection with Genki’s business, or using Nintendo intellectual property in product names.
- Using Nintendo marks or references in connection with products except in the limited fair-use situations allowed by the order.
- Using “Glitch,” “Glitch 2,” “Genki Direct,” “Genki Indirect,” or similar rebrandings or approximations of Nintendo intellectual property.
- Using confusingly similar Nintendo core color combinations in marketing, or infringing or facilitating infringement of Nintendo intellectual property.
Compatibility references and disclosures
The order allows limited nominative fair-use references when necessary for accurate, verifiable, lawful compatibility claims or clear disclaimers of affiliation, endorsement, or sponsorship. For accessories compatible with or marketed for Nintendo products, Genki’s packaging, designs, and product descriptions must clearly identify Genki as an unlicensed accessory manufacturer. The court retains jurisdiction to enforce the order, and violations can lead to contempt sanctions.
What settlement terms are public?
The parties settled under a separate confidential agreement. The public judgment says Nintendo receives damages in an agreed amount but does not disclose the figure. It also says each party bears its own attorneys’ fees and costs. The European Innovation Council and SMEs Executive Agency likewise reported on September 19, 2025, that the financial terms were not disclosed. See the agency’s settlement summary.
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What Genki said when the case was filed
On May 4, 2025, Team Genki said: “We’re taking it seriously and working with legal counsel to respond thoughtfully.” The statement, reproduced by Nintendojo, did not provide a detailed response to the allegations. Read the reported statement.
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