> Are you saying that, sitting on a civil jury hearing a lawsuit at some future date, you'd conclude that Mario - one of the most recognizable fictional charact

> Are you saying that, sitting on a civil jury hearing a lawsuit at some future date, you'd conclude that Mario - one of the most recognizable fictional characters in the world - is no longer a trademark of Nintendo because a third party made a C64 clone of the game? No, but if hundreds or thousands of third parties are left free to brand their games "Super Mario" it may have an adverse effect on the claim to the mark, which when someone uses the mark to compete with Nintendo in an actually substantial way may be used to their defense.