Sex, drugs and lobster rolls: A tale of trademarking

As Jillian Popplow packed away dozens of T-shirts emblazoned with the phrase “sex, drugs & lobster rolls,” she questioned what would become of the quirky tees.

The small business owner in Yarmouth, N.S., had just been sent a letter asking her to stop selling the shirts she designed because the phrase was trademarked.

“When we found out it was real, we didn't want to mess around as it's only my husband and I. So we couldn't really get lawyers involved and was it really worth it? So we pulled the product,” said Popplow, co-owner of The Lumberjack's Daughter, which sells antiques, art and home goods.

“I'm not even sure if we can give them away for free.… They're in a box and we’re kind of trying to figure out what the next step is. We're not actually sure.”

Popplow was surprised to discover the expression was the subject of a trademark application, as it’s one she considers fairly common in the Maritimes.

But the woman who is seeking the trademark for “sex drugs & lobster rolls” disagrees, saying the phrase is only common because of her business.

Nevertheless, the situation highlights the complexities and conflicts that can arise when expressions become the subject of intellectual property claims.

According to the federal Canadian Intellectual Property Office, a trademark is a symbol, phrase or logo that allows the public to identify the source of a particular product. Over time, trademarks come to stand for not only the actual goods or services provided, but also the reputation of the brand, the office said.

Nadyne Kasta, who describes herself on her website as an Ottawa-based artist, first applied for the trademark in 2021.

Kasta declined a request for an interview, but in a lengthy statement, she explained the phrase came from a friend, “and it simply didn't exist, certainly not publicly, before I put it on my shirts.”

“I created it. It originated with my shop,” wrote Kasta.

Kasta started her business, The Girl From Away, in 2014 in an old schoolhouse in North Milton, P.E.I., and started selling her “sex drugs & lobster rolls” shirts a year after.

The response to the shirts was far beyond what she expected, said Kasta, adding they have been called the “unofficial uniform of the Maritimes.”

“Over time, I expanded the phrase onto tote bags, stickers, magnets, and other products, and these items became a significant part of my business,” said Kasta, who moved her small operation online in 2015.