Neither of the games you point to seem to be using original Nintendo models or assets.. the style is similar, and a trademark suit could be made, but would be difficult. I remember a Super Maryo Bros, and a couple of other games as well... I really wish that Super Mario War could be playable as a portable game with network multiplayer, that would be awesome.

I don't know if Nintendo has ever actually acted on its legal threats against hobby-ish projects. The threats might just be to show general "due diligence" for more serious legal scenarios that could arise elsewhere.

Thanks, Mari0 works perfectly.

http://i.imgur.com/LWKpLz1.png