Doesn't appear to be using any Photoshop icons, or other interface elements. Just rearranging the menus and commands to be the same.
I don't think there is much Adobe can do, mostly because the names of their tools are quite generic. You can't patent use of the word 'scale' or 'rotate'. To some degree, I don't think they can patent the menu order either.
If I didn't own and depend on Photoshop, I would certainly at least make an attempt to use this instead.