You can sue someone for anything, and Nintendo is infamous for doing so. They will put an army of lawyers on a case that has no merit (or just enough merit not to be thrown out early) to cost the defendant lots of money or just create sufficient risk that the defendant will settle to avoid the slim chance that they lose.
Nintendo literally uses people for playing their games in ways they don't like, regardless of if the user has actually broken any laws. They'll sue over people posting videos about games!
It isn't. The point is that it establishes that they are litigious.
There's a tier above them (Oracle, for instance), but they're pretty up there in their willingness to head to court not just with other big corporations but with individuals.