Yeah it's extremely weird. Nintendo will call lawyers on you if there is even a hint of a trade mark violation yet when restaurants are directly being defrauded there is no recourse.
The difference being: Nintendo has entire buildings full of lawyers just waiting for the go-ahead to crush out your life with lawsuits, while Pam's House Of Burgers has trouble making payroll every week and has never hired a lawyer since its founding.
We're at the onset of some kind of disruption of this norm around IP: If it's possible to automatically detect copyright violations, it's also within reach to give users tools that procedurally generate an infininum of infringing content, none of which can be litigated profitably by the corporation("swarm of bees" effects).
