The Capital One researchers were also not getting any information from Chipotle. There were getting some information about Chipotle (specifically, that Capital One customers were spending a lot of money there). This information was not from inside Chipotle, but was also not available to the whole market.
Unless you can explain otherwise, it's exactly analogous to the situation described above.
Misappropriation. The information they got was ultimately coming from Chipotle.
http://www.bloombergview.com/articles/2015-01-23/capital-one...
Technicaly it isn't insider trading as they aren't getting data from the company. They are guessing it from a private company that is exempt from such guidance.