Geno was never in Brawl. Cut characters were Dixie Kong (The character that had the copyright issues), Dr. Mario, Roy, and Mewtwo. Geno's no where to be found on the disc, which means that even if he was cut, he was cut back in 2006 or 2005, which means that it wouldn't matter whether or not they got Square's consent, Geno wouldn't be in it.