The funny thing about Cease & Desists is that a company has to be aware of the project before they can issue one. A smart devteam would choose to not talk about the project while they're working on it, and instead reveal it only once it was complete, so as to ensure a Cease & Desist couldn't be issued during the development stage. Once the game was already out there, even if Nintendo made him take his own site down, it would prove impossible to fully put the cat back in the bag again.
Thus, the best way to protect these projects, is to NOT talk about them.
