The popularity of it doesn’t affect whether it is or is not inane and whether it is or is not morally right to protect with state power.

I don't see the comment as judgement passing. Instead, it is a rather important economic observation. A tiny bit of red on a piece of apparel shouldn't be intellectual property, be it a part of American culture or not (I wouldn't dare on speculating how big a part of the culture it is). Rent seeking behaviour on this patch of red is not beneficial to the human race in any readily apparent way and is detrimental due to it being yet another precedent for the ever-growing, soul-sucking, innovation-stifling scope creep of IP.

Well reasoned; and perhaps we should mobilize the U.S. Army to protect the concepts and themes central to the next Lil' Wayne single.