Firstly, I don't claim to be any legal or IPR expert so I can offer any tangible advice and it's all from my personal observations...
In today's highly competitive world, taking design inspiration and/or being a downright copycat exist in almost anything imaginable. That's why the most important steps any inventor/designer/entrepreneur must take is a visit to his IPR lawyer then straight off to the trademark office. Almost anything we use today is a design ripoff from someone else's idea or design. The car you drive, the phone you use or even the computer that you are reading this on...it's basically someone else's design with improvements/tweaks on it. So it exist in every facet of our daily lives and we sort of accepted it (besides the lawyers of course) as norm.
I'm sure there are many similarities in both designs and perhaps stjohn did looked at Toby's design and decided to add a twist to it? Bottomline is without proper brand name trademark and design copyrights, Toby can claim a moral high ground of coming out with the "original" beadbomb and nothing more. If he did indeed copyrighted it, then he will be accorded the due protection of the law. It sucks I know but what can you do? I'm sure somewhere down the line, someone else will copy my business approach, the way I presented my products packaging, the copywriting that I use for my marketing materials and no doubt I will mighty pissed off but that's THAT!!!
I have long concluded that the one with better marketing, higher quality products, most competitive pricing, rock solid after-sales support and be the most efficient in satisfying customers needs will gain from his work, whether he is the first to the market or not!
Just my two cents...