As for the name, this will only matter if the original name was trademarked. If not, he can call it whatever he wants.
either way, he's in the wrong. and the name is trademarked.
http://en.wikipedia.org/wiki/Substantial_similarity
It's nice work but the author should've used different assets and a different name.
http://www.dpreview.com/news/2012/01/25/Imitated_Image_Copyr...
As for the name, this will only matter if the original name was trademarked. If not, he can call it whatever he wants.