What you can't do is claim it's yours. Or let people think it's yours.
No, you can't. If you could use it whenever yoh want, we wouldnt have the concept of “nominative fair use” as the exceptional case of when and how you are allowed to use someone else’s mark in commerce without permission.
You can’t represent yourself or product as a brand. But you can write a scathing review about them and use their name and nobody can stop you. That wouldn’t be a trademark situation, it would be defamation, not infringement.
Waffle House had a legitimate claim and acted on their obligation to their trademark.
There is a pretty good argument that Waffle House continues to have a claim.
They probably wont do anything because its, frankly, a waste of time.
This could probably have been avoided entirely if copyrights were correctly respected from the beginning.
Time to change that braindead law then. Copyright has a "fair use" provision, and trademark law could be adapted similarly.