Thanks everyone. I just have to ensure my designer deserves what he is paid for and his rights. So I have to make sure nobody infringe the rights of the lawful parties. I would however do not want to harm a innocent kid just because he wants to start something.
Have informed geocities and shall seek their assistance.
I don't think he willchange the design, no matter what you will discuss with him. You should go directly to the higher authority (Geocities), but my best guess is that they would answer that it's personal content and they just provide the service. Nevertheless, you should contact Geocities directly.
Legally speaking, you should give the offender an "opportunity to cure." This means sending a "cease and desist" letter which states your claim to the design and that he is "hereby notified to immediately cease and desist"--giving him an opportunity to right his wrong.
An effective C-and-D letter will cite copyright law and what constitutes infringement and that you are prepared to pursue all legal remedies available to you should he fail to comply.