Im a newbie here, but I'd like to put my input.
First off I see no evil in copying the lego Shako design. It is literally impossible to get this piece from ANY official lego group source. If it is not available, I cannot see very much legal action involved in any of this process. Then again, I am not an Attorney at law, so I cannot guarentee this.
Two, your statement is an opinion. Just because you like the French shako better does not mean everyone else does. Personally, I detest the french design and have come very fond to Lego's rendition. Also, there is an unofficial British genre of Imperial minifigures (IE Imperial Guards), and in my opinion, French shakos would not work well with them. I believe that if the demand is high, French shakos should be made by all means, but that does not mean the original design should be scrapped.