Is it really necessary to go that far though? I think they just need to stop using the visual mark and make clear that it's unofficial. (But I am very much not a lawyer.) You are allowed to identify a product or company by name so long as it's clear it's not you and trademark law can't be used to stop you (e.g., for a bad review). Maybe the site could be renamed "disaster index based on Waffle House closures" or simply "unofficial feed of Waffle House closures"