There's a clarification to make here. It's not the Benihana headquarter who sued Mark but the owner of the Kuwaiti franchise (Las Palmas Company). We still need to see how the "real" Benihana will handle the situation.
Here's the court order in English:
http://www.248am.com/files/courtorderenglish.pdf
The Company found out after inspection that the person has a private website and works for an
advertising company. The person uses his website at work which poses questions marks on his
motivations on writing a negative review about the restaurant for the benefit of the company he works
for and for the benefit of competitors since he has mentioned the names of other restaurants located at
The Avenues claiming that they offer good food
This sounds really far fetched. I highly doubt that this was his motivation.
The post was accompanied with photos and two videos about the restaurant taken without the authorization of the restaurant or permission from anyone.
I think they're suing on the wrong grounds here. I highly doubt that you need to ask for permission when taking a photo inside a restaurant, it probably would have made sense if they attacked on the publishing front. Even then, it's not like he published a photo of a waiter or the manager. You can't see the face of the performing cook either.