ABSTRACT
Drag has evolved from an underground art form to a widely accepted cultural and commercial phenomenon. Drag queens develop unique identities through their fashion, makeup, names, and performances, which have artistic and economic significance. Unfortunately, current intellectual property law does not adequately protect drag queens from misattribution, exploitation, or legal disputes.
This Comment explores the connection between drag and intellectual property law by highlighting the challenges drag queens face in asserting their creative rights and proposing solutions by analyzing intellectual property cases and real-world examples. Specifically, this Comment advocates for copyright protection by recognizing drag personas as fictional characters and trademark protection under trade dress.
As drag continues to thrive in popular culture, intellectual property law must evolve to safeguard its creators. Recognizing drag personas as protectable intellectual property allows performers to maintain control over their brands and creativity. This supports the broader principle that all forms of creative expression deserve legal recognition and protection, regardless of their origins.
Brianna Pruitt, Intellectual Property is a Drag (Queen), 31 Barry Law Review 113 (2026).
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