That chef's a bone-head.
First of all, just because something is published doesn't mean it's copywrited.
And what does he mean by publishing, running off a few copies at Kinkos?
Nothing says that a restaurant owner or chef can't take a recipe that's been published in a book (copywrited) and use it to serve his/her guests. As a matter of fact, it happens all the time.
Besides, a menu is just a list of dishes offered, not the great American novel.
I've never heard of any plagiarism suit contesting a menu. The notion is so ridiculous, it'd be thrown out in a NY minute.