At that point wouldn't copyright law not take effect?
See, I remember the post in question that sparked this whole discussion from TGN. I also remember posting about it too. I also remain in the same camp as I was before.
I feel like the Potvin design, the Shark design, the Brodeur design should be more than fair game for any Joe blow playing at their rink and shouldn't feel like they're betraying the original artists or players by using their designs. I feel there is a line where an artist/manufacturer should make a stand and protect their product and that line is crossed once the average consumer becomes vilified for wanting to replicate their favourite design and/or athlete. (Especially if the designer and athlete are retired)
I get why one would cross that line as copyright law and law in general can be a slippery slope and setting precedent is extremely important. Doesn't meant that I have to agree with it and the users that utilize it.
I also want to cherry pick one quote here too:
Pick any industry and it would be very easy to see a pattern of copying designs for not only a quick buck but as well for pushing technology forward. The me-too's and copycats are everywhere, video games, cars, bikes, food, beer, etc etc.
It's not unheard of and is generally kind of part of any market.