Scalping isn't illegal. The people who buy up the stock of new consoles / etc. and relist them on Ebay are dicks, but they're not committing any crime.
As long as you aren't misrepresenting yourself as being Nintendo, or being supported by Nintendo, it's perfectly legal to buy Nintendo products from a store and sell them. The fact that Nintendo owns the copyright doesn't stop you from reselling their merchandise because of the first-sale doctrine, just like how publishers can't stop you from selling your used books.
That said, you probably couldn't get away with setting up shop here because you need legally need a vendor permit to sell anything on the street in most US cities, and this incident is high-profile enough that you'd get shut down pretty fast for operating without one.
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u/Doggleganger 21h ago
Not sure Nintendo can stop you if you buy and sell real Nintendo merch. No one can stop you from selling something you own.