Assume it’s not disingenuous. Instead picture observing a user confusing the two and draw a conclusion other than they’re an idiot. But you already said you understand this design makes users more likely to click on the ad. Do I have to explain the common elements of the layouts in a wireframe? Do I have to go into the differences in noticeability between more and less prominent design language elements in order to explain in what way they’re identical? Come on, cut some slack and assume better.