(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set.
The Nintendo Switch has become extremely popular amidst social distancing, work from home, and stay at home requirements during the COVID-19 pandemic. The console’s combination of handheld and traditional features, along with its wide variety of games, appeals to a large audience and provides an engaging way to spend time at home.
Unfortunately, the large demand, coupled with supply issues, has made it difficult for consumers to find a console to purchase. Switch consoles, which normally retail for $299, are either sold out or selling at high markups, often in the $500-600 range. This difficulty is intensified for limited edition versions of the console, like the latest Animal Crossing New Horizons special edition. This special edition Switch features pastel green and blue Joy-Con controllers (each with a cream back) and a unique cream dock adorned with Animal Crossing-themed art. What makes this dock even more special is that other limited-edition docks have featured textured art on black docks rather than docks fully customized with the edition’s art.