Methinks your attorney is looking for fees.

While I have issues with the forum in question, if you do decide to try to take action, all that's going to happen is you'll spend a ton of money and end up not getting anything for it. I would definitely call at least two other IP attorneys and get opinions from them before proceeding, because I've worked with a couple of IP guys and both explained that enforcing *any* trademark is expensive and generally not worth the hassle, and particularly a trademark issued on as weak a claim as color scheme, when the underlying look-and-feel of the site is so completely different, isn't going to go very far.

And besides, the benefits are going to be marginal at best.