Cannabis Brands: The Canadian Case Study (with Isabelle Jomphe, Partner, Lavery)

Canada legalized the use of cannabis for recreational purposes on October 17, 2018. The country became the first major world economy to legalize it, starting a national experiment representing major cultural, social, public policy, and legal challenges for this nation. The comparison between Canada and its southern neighbor, the United States, is often made—to date, the use, sale, and possession of cannabis is illegal under U.S. federal law, although more than 10 states have legalized marijuana for recreational use.  

In this episode, Isabelle Jomphe, Partner, Lawyer, and Trademark Agent at Lavery, a law firm based in Montreal, Canada,  discusses the impact of cannabis  legalization on trademark law,  the so-called “cannabis trademarks,” and regulations that restrict how brands can market cannabis products. It’s definitely a hot topic of debate in Canada, and beyond!

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Isabelle Jomphe (link to https://www.linkedin.com/in/isabellejomphe/)
About Lavery (link to https://www.lavery.ca)

Also of interest:

Canada Trademarks Act (link to https://laws-lois.justice.gc.ca/PDF/T-13.pdf) and Cannabis Act (link to https://laws-lois.justice.gc.ca/eng/acts/C-24.5/fulltext.html)
Regulations about cannabis promotion in Canada (link to https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/promotion-prohibitions.html and https://cannabis.ca.gov/laws-regulations/)
The Globe and Mail: Buying Blind: Cannabis marketing restrictions leave little brand awareness in the new recreational market (link to https://www.theglobeandmail.com/business/article-buying-blind-cannabis-marketing-restrictions-leave-little-brand/)
The Guardian about cannabis legalization in Canada (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answered)
The New York Times about cannabis in the US (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answeredhttps://www.nytimes.com/2019/07/11/us/california-cannabis-marijuana-business-colorado.html)
INTA Bulletin: High Times Ahead: Brand Restrictions on Legalized Cannabis in Canada (link to:https://www.inta.org/INTABulletin/Pages/CANADAHighTimesAheadBrandRestrictionsonLegalizedCannabisinCanada7318.aspx)
Overview of state marijuana laws in the United States (link to: http://www.ncsl.org/research/ci