I agree, however liability should go much further than just civil damages, and should enter the territory of criminal fraud and trademark infringement.

If I impersonated Disney online and used their trademarks on my website, the FBI would raid my home, I'd be in prison and courts would bar me from ever touching a computer again.

Restaurants should be able to call the cops and report fraud, have it investigated and stopped, and have their cases passed on to federal authorities if necessary. This doesn't happen.