I mean, if even they started used it on their games, I think we could consider all hope lost. I wouldn't be too surprised to see them using it on promotional material, though, specially outside of Japan.
Nintendo have pulled so much BS that my kneejerk reaction is "what's the REAL reason"?
If that's it, good. Nintendo still suck in many other ways and I say it's fair to bring them up every time. E.g. Nintendo Online sucks and it's ridiculous there's a premium pack.
How do they measure uniqueness? How can they tell it's unique? Do they start with people who have been isolated from the rest of the world their entire lives?
Not using AI is an actually sustainable business practice and they will make easy money from being litigious over clearly infringing generative works. Literal fish in a barrel type teas.