If you have been following us for some time you will remember the case of Mario RoyaleCompletely free, unofficial Battle Royale, quickly removed from the web after Nintendo sent a letter to the developer, claiming ownership of the assets used and the exploitation of the Super Mario name, although not for commercial purposes.
The author of Mario Royale then closed the project site and the latter was reborn under the name DMCA Royale, even in this case though. Nintendo took steps to enforce their rights. Nothing strange of course, the Kyoto house owns the Super Mario brand and all the names and graphics related to it, however the launch of Super Mario Bros 35 has rekindled a now (apparently) dormant controversy.
The similarity between the concept of Mario Royale and Super Mario Bros 35 has not escaped the majority and many have accused Nintendo of having closed the free project to commercially exploit the idea, without giving any credit to the author. The latter for his part does not speak of plagiarism but of simple inspiration and does not want to accuse Nintendo in any way.
An employee of Arika (developer of the Japanese team of Super Mario Bros 35) weighed in on the matter explaining how the game had been in development for a long time. long before the release of Tetris 99 and Mario Royale, thus returning to the sender any accusation in this regard.