Zuga, your site uses a theme (lay-out design) which is available to anyone to purchase. Which will always run the risk of someone elses site looking similar. What I find hard to grasp in your case, is if it bothers you this much, why you didn’t opt to have a bespoke (a custom designed) lay-out theme.
If this was the case and you found someone who had a copied you customised design, in the same niche as yourself, then you’d you’d probably have a valid complaint.
In my case, while I too use a generic theme lay-out, most of it has been custom modified, so too has the review pages, buttons and images. Not withstanding the reviews themselves which use identical word for word clones of my copyright pages, in addition to hot-linking buttons too.
In your dispute, I could not find any of your copyrighted material used on this other persons site. If I had, I’d have taken completely different view.
Reiterating, if you want individuality, don’t use a generic theme available to everyone else, simple!