This game makes no profit at all which minimizes the chance of being C&D (as well as giving credit to Nintendo on the main screen), if Nintendo was going to C&D insurgence, they would have already done so by now. Of course there is no guarantee, so it is still possible, just hope. If you want a more in-depth answer you can look at one of the other many threads similar to this:
- Nintendo?
- Legality of this game? There are many more if you just use the search for Nintendo or something.