I just returned back from New Orleans, where I was able to celebrate the holiday with friends and family. It was a very nice vacation, but still, was not lacking in intellectual property issues.

First, the is a group of performers called the Mardi Gras Indians, who construct these elaborate suits, crowns and costumes.  Many of which are so connected to the groups history and culture that you can identify the group by the craft of the costume.

These groups are trying to copyright their costumes are works protected by the Copyright Act. However, most judges would view these costumes as clothing, and unfortunately for fashion fans, clothing in itself is not copyrightable. The legal system has decided many times in many different settings, that clothing is simply a useful item and not a work of art.

Of course, many would argue that clothing has evolved so much throughout history, and so much fashion is now made for aesthetics and is not useful in any sense other than beauty and art. At this point, I believe that the law agrees that fashion is art, but the real fear is the onslaught of copyright registration and disputes that will crash into the legal system once clothing can be protected.

Another issue I spotted actually happened a while ago in the 2000s, involving two bars in the French Quarter. Both bars were selling an infamous drink on Bourbon Street, called the Hand Grenade. You can see the original bar’s advertising at their website. http://tropicalisle.com/ This drink had a specific cocktail, a sweet, melon-flavored Hurricane, and had the same container, a bulbous bottom with a smiling face, and a long top that flares at the top, also called a Yard glass.

The court found that the second company had infringed the intellectual rights of the first handgrenade, and tropical Isle maintains the Hand grenade today. They are pretty tasty, if you like tons of sugar and hangovers.

I was also curious about the floats and whether they can be protected. I have not found any information on them, but I will keep looking.