I'd be amazed if the design you've seen isn't itself a derivation of something else in truth.
If it's got a flag of any sort in it I don't think copyright could apply anyway, nor would anyone attempt to copyright law, time &money, unless it was also a registered trademark of someone famous and one you were exploiting in some other fashion.
A painters reluctance might be more to do with the "how did he do that"/how do I replicate that, rather than legal niceties, or perhaps a lack of creativity for them, my painter was sick of doing union or chequered flags, and trying to imagine "new/interesting" ways to paint them.
My thought on seeing my lid design being replicated would be a mix of flattery and annoyance, the latter to do with why not do something different, furthermore why not at least add or take something of the original you really like and personalise it to your self. There isn't a helmet design I wouldn't change, including my own in retrospect!
Better yet OP post a link for the pic from the website you're talking about, I bet we could change your mind with a bit of critique and perhaps spot where they've nicked the design from, as there is little absolutely original.
Custom helmet design is a personal statement it's seems quite contradictory then not to have your own individual design and copy exactly someone elses. No?
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