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Nintendo is a brand recognised for its swift and stringent actions against any infringement of copyright. Just a couple of weeks ago, a man identified as Fumihiro Otobe was sentenced to two years in prison and suspended for three years for selling illegally-modified Nintendo Switch after the brand pressed charges against him.
Now, according to a GameRant report, Nintendo will sue the accessory manufacturing company Genki for leaking some peripherals of the Nintendo Switch 2 before it is publicly announced at the CES tech expo.
Nintendo is reportedly suing Genki for allegedly stealing early models of the console and using them to promote their product.
More details on Nintendo's lawsuit against Genki
The existence of the Switch 2 is well-known in the gaming community, but details about its design have remained a mystery. This continued until the first official look was revealed, not by Nintendo, but by Genki, a company specializing in peripherals and accessories.
Nintendo is suing Genki because the brand was not authorized to access the Switch 2 before its official release, as Genki was not on the list of approved third-party developers. The only way for the accessory company to have the console and release details, regarding what the final version actually looks like, was through illegal means, according to Nintendo.
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The American branch of Nintendo said in a release:
“Because Genki was not authorized by Nintendo to access pre-release models of Nintendo’s newest console, it is unlikely that Genki ever had access to an authentic Nintendo Switch 2, belying its representations otherwise to the public. In that case, Defendant misrepresented to Nintendo’s fans that it could provide compatible accessories with the Nintendo Switch 2.”
It continued:
“Because compatibility with the Nintendo Switch 2 is certainly a threshold requirement for consumers seeking to purchase accessories for use with the Nintendo Switch 2, this misrepresentation is material to consumers’ purchasing decisions.”
“Unless these acts of Defendant are restrained by this Court, they will continue, and they will continue to cause irreparable injury to Plaintiff, to the public, and to Nintendo’s consumers for which there is no adequate remedy at law,” Nintendo America added.
Nintendo is suing Genki for Federal False Advertising, Trademark Infringement, Unfair Competition, California Common Law Trademark Infringement and Unfair Competition, and Statutory Unfair Competition Under California Law.
Not only is Nintendo suing Genki, they are also demanding that the accessory brand cease making accessories for Switch 2 and revoke their right to distribute the product.
As of the writing of this article, Genki has not issued any official statement regarding Nintendo's lawsuit. However, Genki's Switch 2 products are still available on their official website.
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