It’s not about whether it competes. It’s about whether a “reasonable person” could confuse it for being an authorized product of the IP owner. In this case, people could confuse it with both a licensed Nintendo product (since it runs on original hardware) and it could be confused with an official Valve release (since the content is an exact (as possible) recreation of the levels and assets from the original game.
So you are clearly talking about trademark. A game design can’t be trademarked. Only the name. Yes, if the name could be confused, that could be an issue. Maybe the cover art to some extent, if it is trademarked.
But if the game origin can be confused, so what? No law against that.
It’s not about whether it competes. It’s about whether a “reasonable person” could confuse it for being an authorized product of the IP owner. In this case, people could confuse it with both a licensed Nintendo product (since it runs on original hardware) and it could be confused with an official Valve release (since the content is an exact (as possible) recreation of the levels and assets from the original game.
So you are clearly talking about trademark. A game design can’t be trademarked. Only the name. Yes, if the name could be confused, that could be an issue. Maybe the cover art to some extent, if it is trademarked.
But if the game origin can be confused, so what? No law against that.