ye

Easy, The Flash's golden age helmet is based on the helmet of the Greek god Hermes. All you have to do is claim that this helmet is based on Hermes, and they can't touch it. They don't own the copyright of Hermes.

I really hope it's that simple, because the Law makes an awful lot of acceptions and loop holes with terms that work against a creator/defender's case

Actually, the helmet's name itself is Mercury's Messenger, Mercury being the Roman version of the Greek god Hermes. I know DC isn't going to sue them over a likeness to the god they based their super hero on, since they haven't sued Marvel over their superhero Quicksilver, quicksilver being an old term for the metal mercury, which was named after the roman god Mercury.

Also, keep in mind that The Team Captain is almost identical to the one worn by M Bison, another copywrited figure. Little trouble has come of that.

yup, that has come up in the past. very suprised when i first heard that.
The helmet was directly inspired by the mythology. ( I am a big fan)
I have changed the shape to be orignial 3 times to get away from the old ww1 style trench brim ( which golden age flash was based on) over the last 4 years or so, since first posting on poly count ( sooo long ago in 2010) see it here

http://www.polycount.com/forum/showpost.php?p=1138706&postcount=630

http://www.polycount.com/forum/showpost.php?p=1137221&postcount=616

This version is based on the VW beettle and Fastback mixed uo with some hellenic style shapes.
in this case all one can do is change the detail not the overall idea or helmet because DC do not own that we all do culturally, so in this case ;different shape, bigger wings at different angles and different brim.

the flash helmet has been drawn so many ways over the years by DC, its up to artists interpretations just as the original Mecury /Hermes helmet was by classical artists over the years.

It would be impossible to say one design is "theirs" at this stage in history unless accompanied by the rest of Jay Garricks likeness .

I would by that point hate to think that if i was to do a pubic sculptural piece re vistiing mythological persona's that a comic company could claim ownership over its design just because they used public cultural property in one of their character designs.

It would be like saying that Mcdonalds own french fries because they sell happy meals.

interestingly enough, the lightning lid bears more resemblance to a dc character than this, in essence anyway.
Its a direct reference to the flash while this is not, and that was accepted.
legal dept must have changed.:)