There is a difference between outright stealing graphics from another game(especially competing games) and alluding to popular characters. Now, I haven't seen this Pikachu hat but I doubt it's actually a rip of any actual Nintendo graphics, though it probably does infringe on the character design. They need to probably switch it up, like changing the ears or something akin to that. Then it becomes a tasteful homage 
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I wasn't talking about a pikachu hat, in fact i didnt know there was one. I was explaining the next few events in a less serious way..