[shelltreader]

That's not good enough; it's too common. Sentence structure can't be copyrighted, just as common design elements can't be copyrighted. Show us HTML or CSS blocks that are exactly the same or slightly tweaked on both websites.

[Smudge]

It's not "damning" because that sentence structure, in particular, can't be copyrighted. It's "damning" because it is one very obvious part of a larger whole which, compounded, make it very unlikely that these two sites were developed independently. You could argue that Kintek changed it just enough to make it not plagiarism or copyright violation, but that's not exactly the point.

[andyhmltn]

Hash both the images that are used to create that curved hero unit thing they both have. They both come out as e6a486ac74a59aaa1abefec33de40c55

[ricardobeat]

Have you even looked at them? The top banner has rectangular links that are the same, as do the 3-column icons and the footer.