Marijuana and image rights

Emma Perot

Chapter 5 in Intellectual Property and Cannabis, 2025, pp 96-119 from Edward Elgar Publishing

Abstract: This chapter helps brands understand the value of celebrity and the need to seek permission for use of celebrity in connection with the promotion and sale of marijuana. The relevant laws of the US, Canada, Jamaica, and the UK are analysed to establish that a celebrity's persona should not generally be used without permission. Celebrities can easily pursue unauthorised commercial uses of persona in jurisdictions where there is a strict liability right, and brands should be aware that celebrities may object to an unauthorised association for financial reasons, as well as conflict with personal values in some instances. In the UK, passing off may prove problematic because the misrepresentation element might be harder to make out since people would not assume a celebrity would enter into a license for an illegal product. But considering the nature of illegality, the unauthorised producer cannot freely advertise the sale of marijuana.

Keywords: Image rights; Publicity right; Advertising; Marijuana; Personality right (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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