Did HEROES rip off its carnival plot from a comic book?

It's been a rough week for Heroes creator Tim Kring. Not only did the show get canceled, but now Kring finds himself being sued (along with NBC) for 60 million bucks by cartoonist Jazan Wild.

Wild claims that Heroes ripped off last season's carnie plotline from Wild's comic book, Carnival of Souls. Frankly I don't think Wild has a very strong case. I mean, Wild did not invent the spooky carnival as a setting, nor did he invent details like the House of Mirrors, ferris wheels, et al. Admittedly some elements do seem like strange coincidences, but there's nothing there to make me believe there was any deliberate imitation going on, any more than I believe that Lost's creators were ripping off a TV pilot from 1977.