Wikipedia is probably the last place you should take legal advice from. Also, that article says absolutely nothing about the legality of the game, nor does it make any such implications.

1. It's only really legal if Nintendo gave permission. Otherwise, the creator is only safe until Nintendo decides to sue. And even if the court did declare it as legal (which I highly doubt they would in this case), the cost of the legal battle would sink the creator.
2. Sure, that's perfectly legitimate. There's no guarantee you won't get any cease-and-desist letters though. They may or may not be valid, and you may or may not be found to be legally safe, but you'd just have to decide how you're willing to respond to such a letter if you get one and you feel you aren't violating any laws.
3. Sure, I guess. You can ask whatever you want.

Obligatory disclaimer: IANAL

Wikipedia is probably the last place you should take legal advice from.

1. It's only really legal if Nintendo gave permission. Otherwise, the creator is only safe until Nintendo decides to sue. And even if the court did declare it as legal (which I highly doubt they would in this case), the cost of the legal battle would sink the creator.
2. Sure, that's perfectly legitimate. There's no guarantee you won't get any cease-and-desist letters though. They may or may not be valid, and you may or may not be found to be legally safe, but you'd just have to decide how you're willing to respond to such a letter if you get one and you feel you aren't violating any laws.
3. Sure, I guess. You can ask whatever you want.

Obligatory disclaimer: IANAL