In-N-Out vs. In N Out; Mickey D's vs. Nicky D's

Surely, you've heard this story about a Coney Island restaurant drawing the ire of the McDonald's corporation for calling itself Nicky D's? 

If you haven't watched the CNN video (which I include here), you might think that it's just a big bad corporation picking on the little guy. But once you do, it's actually not like that. In fact, this one's a case of the little guy thumbing their nose at the big bad corporation. 

The way the owner of Nicky D's dismisses how his logo is actually just a cut-off McDonald's “M” is priceless. 
Why am I rehashing this story, which happened earlier this month? Well, this week there's another too-similar case involving Irvine-based In-N-Out suing an Arizona mom-and-pop from calling itself “In N Out”. 
This one seems pretty cut and dry. Emphasis on dry (Not as hilarious as the Nicky D's story). Read about it HERE
So, before we go any further: Are there any entrepreneurs out there reading this planning to open a Carlos Jr. or a Wendi's? Perhaps a Jacque-in-the-Box?