You cannot draw a consistent line or set of rules for the actions of a company as big as nintendo, consisting of many departments, subsidiaries, and individual disgruntled lawyers who may or may not feel like picking a fight on any particular moment.

Within the pokemon romhack community, people have tried figuring out a similar set of "unofficial guidelines", that generally reflect your list to a T. However, there's enough examples of "random" takedowns[1] and I know at least one person who got a seemingly random C&D for an unpublished romhack, whose takedown never reached the public ear. I'm sure there's many similar cases.

[1]: https://www.pokecommunity.com/showthread.php?t=478580