It only becomes a problem if a product actually gets popular enough to reasonably cause brand confusion to the point of being genericized. Some fan remake of a nearly 30-year-old game will not cause confusion with the actual original Link's Awakening game for the Game Boy. Yes, a company should be somewhat proactive about defending their own trademark to prevent it from being deemed genericized, but not every little case of a fan work has to be fought against even though yes, you could. It's pants-on-the-head stupid and not even Nintendo does that as Moon Channel himself emphasizes. Yet your average follower of him forgets this nuance and it's why a channel like him can be so dangerous: because he's a lawyer, people partially and uncritically accepts everything he says without being able to finish the rest of the mental work and it's also on him for not using his own position as a lawyer to try and criticize this.