September 29, 2025
Hello Reader,
Problem (real story, simple lesson):
A man named Ryan Daly ran a site that sold modded Nintendo Switch gear. Nintendo warned him. He kept going. When Nintendo sued, he decided to represent himself—with no lawyer. The result? A court ordered him to pay $2 million, give up his website and equipment, and stop all modding forever. Reporters say he first denied the charges, then agreed to a judgment that bans him from touching modding tools again. This happened in early September 2025 and was widely covered in the gaming press:
https://kotaku.com/nintendo-lawsuit-modding-switch-2-ryan-daly-2000623984
Why am I telling you this? Because it shows a hard truth: going up against a large company without a lawyer can go very, very badly.
Why “doing it yourself” is so risky
1) You don’t know the rules (and the other side does).
Court cases have strict rules, deadlines, and lots of paperwork. If you miss a deadline or file the wrong thing, the judge may treat your mistake like you agree with the other side. Big companies have teams who do this every day. In Daly’s case, Nintendo brought a strong, detailed case; he tried to handle it alone and lost big.
2) You might say the wrong thing (and lock yourself in).
When you file papers or speak in court, your words can be used against you. Daly reportedly denied wrongdoing and raised defenses that didn’t work. Once it’s in writing, it’s hard to walk back. A lawyer helps you say less, but say it better.
3) You may not know when to settle, and on what terms.
Sometimes the smartest move is to settle early with limits you can live with. Without a lawyer, people often wait too long, ask for the wrong things, or agree to terms that are much tougher than necessary. By the end, Daly faced a $2 million judgment and a permanent ban from the very tools he used to make a living.
4) Big companies can be relentless.
Nintendo is famous for fighting piracy and mods. Reporters have covered case after case where they push hard in court to protect their games and systems. Walking in alone means walking into a storm without an umbrella.
“But I’m right!” isn’t a plan
You may feel you’re right. Maybe you think you’re using “fair use,” selling “repair tools,” or just helping hobbyists. Feelings don’t win cases. Evidence and strategy do. A lawyer can test your best arguments, find your weak spots, and build a plan that fits the facts and the law.
A safer path (what to do instead)
Step 1: Pause and collect.
Save warnings, emails, product pages, invoices, screenshots, and any earlier promises you made to the other side. In Daly’s case, reporters say he had promised to stop, then didn’t. Promises matter.
Step 2: Talk to a lawyer early.
Even a short consult can help you avoid painful mistakes, pick a strategy, and spot quick wins (like narrowing claims or fixing your website language).
Step 3: If you settle, settle smart.
Ask for clear limits, fair timelines, and realistic payments. Make sure you can follow the order you sign. A lawyer helps you shrink the damage and protect your future.
Step 4: If you must fight, fight with a plan.
That may include technical experts, better documents, and defenses that fit the law. A lawyer can also push back on demands that go too far.
Easy checklist (print this)
- Did I get a warning letter? (Save it.)
- Is there anything on my site or store that looks risky? (Fix it now.)
- Do I have proof for the claims I’m making? (If not, remove them.)
- Have I spoken to a lawyer yet? (Schedule it.)
- If I already filed something in court, did a lawyer review it first? (If not, stop and get help.)
Bottom line:
Representing yourself may feel brave, but it can be very costly. In the Nintendo case above, going it alone ended with a seven-figure hit and a permanent ban from the work involved. That’s not brave—that’s risky.
Keep Your Brand Safe and Protected,
J.J. Lee and the Trademark Lawyer Law Firm Team!
P.S. If you’ve received a warning letter, been sued, or are about to post a “DIY defense” online, please don’t go it alone. A short talk today can save you months of pain—and a bill you never want to see.