I don't think Sp|ke will have any luck there. I don't know when Sp|ke started on it, but this game has been in development for a long time already, I think it switched from Unreal 2 engine to Unreal 3 engine before it got exposed. Anyways, although some things are similar, I don't quite think it's similar enough, besides, did S|ke copyright his stuff by registering it? As far as I know you can't copyright a certain art style (e.a. toon shader look) ...

Cheers