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It Happened :P Saw it a few days ago.
to everyone else.
So, Nintendo can't actually Sue over this, it's a Parody of Mario, which you can pretty obviously infer from the context surrounding it. I.E. The game it's in, the context in which it's used, it's all very much a Parody/Nod to another game series. And, For the Record, Nintendo does that itself pretty frequently, and it doesn't even have to be a series they own. Take Donkey Kong Country, Sonic's Shoes are very clearly Placed by the Trash Can in this picture. And yes, that is Earthworm Jim's Blaster there too.
http://orig06.deviantart.net/31bd/f/2013/067/8/8/donkey_kong_country_2_sonic_s_shoes_by_redrose44-d5xcck9.png
Nintendo even attempting legal action in this case would be like shooting themselves in their big stupid feet (Nintendo Fan myself btw) again. They tried the same things against homebrew Nintendo carts in the 90's and Lost, horribly.