Not sure who designed first. And I don't really care either. In this case, I'd say these two are bit too close for comfort. Someone should have raised a red flag and suggested a redirection in the design of the mark (for whichever was second).
Any time you design a logo (or hire someone to do so) make sure you ask (and also answer): Who else out there has a similar logo?
The answer doesn't necessarily need to be, "No one." Similar logo marks are bound to occur. There aren't too many new ideas under the sun. Perhaps none at all.
The decision to change the direction of your logo design requires answering a few other questions first, such as:
- How close is the other logo design(s) to yours?
- In what industry is the other brand? Is their industry the same or close to yours?
- How long has their brand identity been in existence?
- Do you expect your audience to have regular or even sporadic exposure to this other brand?
This is one time you can't blame your dog when you don't do your homework.