If Curvy Kate hadn’t used the same words as the photograph in the same places less than a week after that particular photograph went viral, I’d be inclined to agree. But right now, arguments like this are the equivalent of someone copying one of my recently published blog posts, changing a few words, and then telling me that since I didn’t invent lingerie blogging, it doesn’t count as copying.
Maybe they really truly didn’t see this image that hundreds of thousands (if not millions) of other people have seen this last week. Maybe their choice of words and choice of where to put the words is a complete coincidence. But that seems much less probable to me than the notion that they saw what the rest of us did and decided to rip it off.