Copy or Compliment?

With so many hours spent actually working on the computer these days, I rarely get time to read my favorite fashion blog (Fashionista) anymore. Tonight I was pleased to see a post asking the question that routinely creeps into my mind while I'm out in the field or in the marketplace- is this a knock off, or merely an uncanny resemblance? The picture at left (from Fashionista) makes it hard to discern, and I don't find an obvious answer (though I admittedly have a slight bias in favor of all things J.Crew, and am not personally familiar with Flutter).

Someone used to viewing jewelry only adorning the necks of their significant other may not think twice about these 2 necklaces having the same origin. But those of us who shop for sport (and cardio) have to see a similarity that borders upon imitation. But then again, there are only so many ways to execute a fairly straightforward design (beads encompassed by chains). Copyright law might see the fatal merger of idea and expression in this piece and thus refuse to extend protective rights (the old idea-expression dichotomy). Anyway you slice it, both necklaces are enticing and will probably sell well, irrespective of each other's existence.

Thoughts?