Yesterday SmiteWorks notified WotC about the infringement with a cease and desist demand. WotC seems to have made their record in updating their website. The image was apparently from a "very early design document", which seems to justify the use in WotC's (more accurately, of one of people working for WotC) opinion. (Here is the reference.) Well, this might not be a matter of opinion...
It's of course good that they reacted quickly, but taking and giving back (after considerable use) is not quite the same as not taking in the first place.
As we noted elsewhere, we are very surprised that Wizards of the Coast, whose business heavily involves intellectual property management was so ignorant on intellectual property rights that it chose to take distinctive graphics directly out of the most prominent head-on competing product.
