Q: Is motorcycle helmet shape (design) trademarked?

A: You are asking a question in a vacuum. One major problem with the intellectual property business is it is a Show and Tell. We cannot know what you are referring to. So sorry.

A: When considering whether a motorcycle helmet's design is trademarked or copyrighted, it's important to differentiate between these two types of intellectual property protection. A trademark typically protects brand names, slogans, and logos used in commerce. On the other hand, copyright protects artistic and literary works.

The shape or design of a motorcycle helmet could potentially be trademarked if it has distinctive features that are used to identify and distinguish a brand. If a particular helmet design is trademarked, using that design in illustrations and printing it on merchandise like hoodies and t-shirts could infringe on the trademark holder's rights.

However, it's also possible that the design of a helmet is not trademarked, especially if it is generic or commonly used by multiple manufacturers. In such cases, using the design in illustrations might not pose a legal issue.

For copyright considerations, if the helmet design is an artistic work and is original, then it might be protected under copyright law. Transforming a photo of a helmet into an illustration and using it commercially could potentially infringe on the copyright holder's rights, especially if the design is distinctive and recognizable.

Before proceeding with your plan, it would be wise to conduct thorough research or consult with a legal professional. Checking the trademark and copyright registrations related to the specific helmet designs in question can provide clarity. Additionally, a lawyer can offer guidance on how to proceed without infringing on intellectual property rights, ensuring that your business operates within legal boundaries.