Just rename it StarWeasel - Shadows of Pyrat
Your wingmen are now Beppy Rabbit, Flippy Frog, and Falcon Lambada, and re-record the tune as a Wierd Al Style polka party remix...
Its now a parody and legally protected, right?
Push it a bit further by saying 'created by Dimtendo'
To me, it all depends whether it's a free fan update, or they're trying to make money off it, if they're in it for profit, then they're on dodgy ground using a nintendo brand to do it.
If its a fan homage, then damn, Nintendo need to realise the power of their fans, and instead of wasting money on lawyers, hire the guys to remind them what makes gaming fun.