Rasher, this isn't a copy. I see one vertical line which is similar, and that is all.
If this was a copy, then Virgin Atlantic would be in trouble for copying Swiss Air... because they both have the colour red on their planes.
If this was a real copy, the appropiate action to take would be to send the person a cease and desist, including a deadline to remove the Web site or design. If it isn't removed by that deadline, you contact the Web host (We generally go right to the top and contact the data centre).