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From what I understand; Just don't mess with copyright laws, and you'll be ok. If you're a developer and you really really need to make a thing which may conflict with something else, just ask 1st. Or, take the risk and don't be surprised if you get sued. 

I think there's 2 other factors;
If the thing is free - hardly anyone cares - unless it's somewhat giving off a negative appearance to the original thing. Like if someone made a really bad & offensive Nintendo ripp-off - but it's free - Nintendo could still force it down? 

If it's a paid thing, people only really care if it's made over a certain amount of money, before they pursue legal action. 

Either way the best bet is to just ask 1st, and if they do not respond, ask subsidiaries, or associated groups to see if you can get a reply. I think with these new laws, these rules also apply to the larger companies. Which is a good thing imo. But, as creators of content the best thing to do is to actually add a copyright symbol on your content. Or they assume it's free for everyone? 

(+1)

Thanks for the info

btw Nintendo would take it down anyway