Originally Posted by
indyfabz
"The Congress shall have the power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"
Encompasses patents as well as copyrights.
The right to control your IP is no more a "legal fiction" that the right to control your personal property. Seek immediate medical attention for inane rationalization lasting longer than four hours.
Calling a shirt or shorts "Progress of Science and Useful Arts" is an awfully loose use of the term.
I would say branded and marketed anything is not covered under the constitution if this is the best you can come up with.