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I don't want this game to be removed I'm keeping it in a flash drive incase my help does not go through.
-Hexicon Gamezel
However, this is already well into lawyer territory, and I would suggest you talk to at LEAST one before going any further. This is the kind of situation where early missteps or steps not taken can wildly impact the end result both for good and for bad.
http://i.imgur.com/ZQeBNGs.png
Whoever's working on your models right now, fire them.
Those are very similar to each other.
(dammit ninja'd)
The sight is the only similarity we can see. Even if it was a 1:1, that's not enough for a design infraction, even by legal standards and by a significant amount.
And the sight is just a futuristic M1 Garand, so either way both are ripping off a real world property, the only thing that could actually hold up and is the only one without a dog in this fight.
If anything you can argue the gun on the left is different enough, no gap on the rail, no racking bolt, missing bolts on the upper, the markings, even the actual body of the gun is quite different, the rails and front sights look very similar to the M14.
Regardless, an invalid and malicious act on Activision on wrong or non-existant evidence. They are are multi-billion dollar company coming over what is currently a 50 cent game, without contacting us or requesting anything of us NOR providing any specific assets or images of the offensive content to begin with.