I was with you until I saw the screenshots in the TC post. The first one with the same layout right down to the seal of authenticity below it - this is way more than using common industry recognized design elements (like Fab using Pinterest's grid layout for example). This is close to Samwer brothers territory here.
They're also not doing themselves any favors with their response to Fab. Raising a lot of money and having scale doesn't automatically make Fab a villain. The claim on using open source frameworks is just bizarre/irrelevant.
Most of all, this doesn't pass the sniff test for me. At a quick glance, I could have easily mistaken this site for something built out of Fab. If I were Fab, I feel I would be angry and want them to stop copying my work directly.