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How could this have come about?

Was it that you guys didn't do the design at all and someone else lifted it in your name?

Or did you guys go ahead and think "we'll wait till we're called out, and in all likelihood we'd be famous enough then to afford a replacement"?

you know how it is, you start coding, with a photoshop template up, then by mistake you hit alt tab and go to another site, and you are so busy that you don't notice that you started copying another design.

that's what all nighters get you

Did you really make a mistake? This is really not that big of a deal. The graphics are original, the CSS is original, the copy... it's not even in the same industry. Yeah the general feel is similar but who cares.

Besides, the Shopify website doesn't have an exactly stunningly original design. I could accuse Shopify of ripping off Envato's old website (http://www.myinkblog.com/wp-content/uploads/2009/03/envato.p...) but that would just be pointless.

Most of us will jack a copy of Hannah Montana's latest album without a second thought then get our panties in a wad when someone vaguely emulates a design.

EDIT: never mind, missed your other comment below.