However in order to win an infringement claim you'd have to show that they constituted a substantial part of a work and that the colours were copied and not derived from a third party source or coincidentally the same. The usual civil law test is the balance of probabilities.
I think a more likely claim is that the matching colour scheme were a trademark infringement, an unlicensed use of trade dress (jurisdiction dependent of course). AFAIK DMCA takedown notices don't work for trademark infringement though?
However in order to win an infringement claim you'd have to show that they constituted a substantial part of a work and that the colours were copied and not derived from a third party source or coincidentally the same. The usual civil law test is the balance of probabilities.
I think a more likely claim is that the matching colour scheme were a trademark infringement, an unlicensed use of trade dress (jurisdiction dependent of course). AFAIK DMCA takedown notices don't work for trademark infringement though?