I actually wouldn't be surprised if it was independently conceived - When http://identity.com designed their first logo they found out both Stide's iD gum and one other company (That I can't recall off hand) both had the exact same logo - Not just insanely similar as in this case - but the exact same.

Either way - hope you and Tox come to an agreeable solution. For what it's worth I like your spin on it better :-)