Intent to deceive is a pretty hard thing to prove.
Especially when tradpub covers follow genre-specific memes.
https://www.buzzfeed.com/lukelewis/1...-cover-cliches
Try these:
https://www.theguardian.com/books/bo...urrent-designs
Lazy cover art design is a thing.
So is spaceship covers in SF. Go looking and you'll find a dozen that look like Scalzi's, even without any attempt at deception or parody.