Name: Why ‘sex, drugs and lobster rolls’ is being trademarked
Uploaded: 2025-12-29T13:27:15.963Z
Duration: 3 min 13 s
Description: What does the phrase “sex, drugs and lobster rolls” mean to you? A small business owner says it’s synonymous with her brand, and has applied to trademark it — but others disagree. The CBC’s Aly Thomson explains the complexities and conflicts surrounding the claim.

What does the phrase “sex, drugs and lobster rolls” mean to you? A small business owner says it’s synonymous with her brand, and has applied to trademark it — but others disagree. The CBC’s Aly Thomson explains the complexities and conflicts surrounding the claim.

Ottawa

Ottawa-based artist Nadine Casta has applied to trademark the phrase 'sex, drugs and lobster rolls,' claiming she popularized it by putting it on T-shirts. The application has led to disputes with other business owners in Nova Scotia and California, who argue the phrase is commonly used and not unique to Casta's brand.

Trademark law requires holders to enforce their rights or risk losing exclusivity, a point highlighted by previous cases such as the term 'French press.' Casta's trademark is still pending official registration, with a two-month window open for opposition after federal approval.

Why ‘sex, drugs and lobster rolls’ is being trademarked

Sex, drugs, and lobster rolls. Ever heard of this one? Maybe you've seen it on some tourism merch. A maritime-y phrase that plays off the 70s mantra of sex, drugs, and rock and roll. Here's the thing, a trademark application is currently open for sex, drugs, and lobster rolls. And for some who've adopted the phrase, it's storing the pot. This story starts with Ottawa-based artist, Nadine Casta. Four years ago, she applied for the trademark, which is a symbol, phrase, or logo that allows the public to identify where a product comes from. She says the phrase originated with a friend and claims it did not exist publicly before she started putting it on T-shirts. The shirts blew up. Casta sent us a statement and says that it's become an unofficial uniform for the maritimes. If the phrase is popular, it's thanks to her brand. Gillian Poplow disagrees. She runs a home goods shop in southwestern Nova Scotia and designed this shirt. Like, it's just something that's said so often. But now those shirts are sitting in boxes because she got a letter from Casta threatening her to stop selling them. So they briefly consulted a lawyer. So he kind of told me if it's on the trademark, registered trademark website for Canada and the U.S., that I should listen and just pull it. You may feel like this kind of thing is petty or mean-spirited, but once you hold a trademark, you're required to enforce it. In fact, it's imperative. If they don't stop other people from using the phrase, they will lose the exclusive rights to that phrase. The same thing happened to the French press. Bodum created that term and held the trademark. But Canada's federal court deemed it invalid in 2012 because so many people used it to refer to that kind of coffee maker. That's what Casta is up against. Oftentimes, brand owners are put in the position where they are saying, I'm sorry I have to do this, but I am obliged to stop you from using that phrase in order to protect my own legal rights. Casta also once held the trademark in the U.S., but it expired last year as she dealt with some health issues. California business owner Matt Snow also received a letter from Casta back in 2017. He still sells a sex, drugs, and lobster rolls T-shirt and doesn't agree her business made the phrase popular. Parallel thought is a very real thing. Creative people do have similar thoughts. Sex, drugs, and rock and roll, and sex, drugs, and lobster rolls, in terms of the number of syllables, in terms of the ubiquity of sex, drugs, and rock and roll as a phrase since, you know, the 70s. It's kind of a sort of an obvious pun. Despite presenting it in her letter as a done deal, Seidler says Casta's trademark is still in the process of being officially registered. The federal government approved it, opening a two-month window for others to oppose it. Ali Thompson, CBC News, Halifax.

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