I hate to see good games getting pulled because "It's a fan game."
Nintendo are VERY stringent on this stuff. Just look at recent events on GameJolt, where Nintendo crawled through the entire site and got every vaguely Nintendo'ish game pulled.
All "Fan Games", all gone.
Use your imagination and do something different enough that it won't get pulled.
Don't risk all that hard work because of some minor squabble with a AAA developer.