We don't have In and Out here, but I know there's a pretty large chain active in multiple states. When a fair sized company like that asks someone to stop instead of immediately suing it signals to me that they don't have much of a case.

I can't see him having caused them more than four digits in actual damages and that's being generous. This is going to end in an undisclosed settlement (useful for making others scared to copycat) and restraining order, methinks.