What action would you take?

[Tommy]

at least have a attorney send a letter to him
this way it keeps your options open if you decide to sue in a year or so

if you feel that company makes decent money ... sue
if they are on their ass get a few cans of spray paint and settle it yourself

one cool thing, and this is very true for the adult buisness
someone thats fucking you today might not have a pot to piss in
but 4 years from now ???