There's many Mario fangames out there that haven't been taken down by Nintendo. Look at the replies on this Reddit post for more info: https://www.reddit.com/r/nintendo/comments/opetgl/nintendo_fangame_confusion_and...
One notable example I can think of is the Mario royale game. It got some media attention and it competed with Super Mario Bros 35 which was in development at that time. That's probably why Nintendo took it down. My game probably doesn't compete with any of Nintendo's new games, it probably won't get significant media attention, and I'm not making any money from it.