There is a potential way around this that has often been used by other projects. You make the original game files a requirement for it to work and you don’t distribute any files that include trademarked material directly and instead it uses the original files and modifies/extends them as needed. This has been used for a large number of other projects including things like the Ocarina of Time decompilation project.
Netflix falls to sixth place in customer satisfaction survey (variety.com)
Good thing they’re raising prices again!
The Simpsons: Hit and Run Fan Remake Is Complete, but It Will Never Be Released - IGN (www.ign.com)
Even the developer cannot be bothered to release physical copies or pretend to sell them as blank disk copies.