Would I be doing any copyright violation if I use the 1up mushroom?

I want to submit this design, but the problem is if I'll be doing any violation using the 1up mushroom or would I have to modify it so I wont get in any copyright problems?

Watch this

well you can change the design of the shroom without changing it too much... But you can try submitting it to Thrdlss and see what happens...

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