There was once a court case between THQ and Activision with one of them claiming that the other copied their box art, probably didn't help that both games are based on the same sport and were released less than a month apart from each other.
The result of the case was that Activision then changed the box art of their game to this
I find it highly unlikely that J.A.W would take things down that route, but I'm sure that a friendly suggestion to the developers of Abyss Oddysee wouldn't hurt.