I'm not sure I understand what you mean by that question, but this is where the Rare developed Dk and Fox games stand in terms of ownership.
Nintendo owns all properties and characters in every DK and Starfox game, even those developed by Rare. Even characters Rare created in association with DK or Starfox became the property of Nintendo. This is why you still see characters like Diddy and Krystal appearing in Cube games, with no credit given to Rare.
In fact, at the end of all the DK games and Starfox Adventures, you see the message after the credits, "All copyrights, including those of game, scenario, music, and program reserved by Nintendo."
I believe the same applies to Mallow and Geno, even though Square made them. They were created in association with Mario, and Geno even made a small cameo in Mario & Luigi Superstar Saga for GBA during a minigame. I think they're fair game for SSBB characters.