If there was a remake Hotel Mario, would Nintendo DMCA-it, or would they ignore them?

[VGPolyglot]

Acevil said:

VGPolyglot said:

Trademarks yes, but this is copyright, which does not have to be defended.

Well Mario would be the trademark. 

But the character Mario himself would not be at risk. They could let 20 games have him in it and then take down a 21st one without losing the rights to the character.