Wasn't there a slightly different case, but with some similarities to this one, a few years back where a photographer was commissioned to take photos of a baby/babies specifically to look like already existing babies? I think one of the Big macro agencies (Getty/Corbis?) was involved.
I'm not going to go digging, but if I remember right, the issue there was the style and set of the images, that the original artist said she had created. Something like babies floating on clouds. And I don't remember who won either. If that's the right one, she was claiming to have created that as her own style. I'd guess it lost as concept can't be copyrighted, while exact replication, can be. (ad with girl and guy on the merry go round in polka dot dress comes to mind. Copy cat lost.)