Cannabis oil maker files trademark suit against WA grow

Headspace, a multimillion-dollar marijuana oil company in Southern California that sells a product called The Clear, filed a trademark infringement suit against a Washington state MJ cultivator, Podworks, for using the name Top Shelf Clear for one of its products.

The trademark suit is believed to be the first in Washington involving cannabis, according to KING5.com. It comes amid a growing number of trademark disputes in the marijuana industry.

Cannabis is illegal under federal law, which complicates efforts by MJ companies to secure a U.S. trademark. In Washington, however, Headspace has a state copyright for the name, according to KING5.com.

The Clear is sold in seven states, including Washington.

Headspace CFO David Sparer said it didn’t matter that the names were not identical.

“Anyone who is using the word ‘clear’ needs to use something different. That’s our name,” he said.

But Podworks owner Thomas Worth also has a trademark on the Top Shelf Clear name and plans to invoke it to keep the name, King5.com reported.

Worth’s lawyer, Peter Smith, suggested that Headspace filed the suit as a way to strengthen its position in a local market that out-of-state companies find hard to enter.

“Many foreign companies try to skirt these laws by using branding and trademark law to participate and profit indirectly from the Washington cannabis industry. To me, that signals an out-of-state shakedown. Podworks will vigorously defend itself in this case,” Smith said.

5 comments on “Cannabis oil maker files trademark suit against WA grow
  1. Pam on

    I make Mudd which is the opposite of Clear since I retain all the healthy fun terpenes. Too much BS is surrounding this product “clear” that the mud slinging was juvenile, hence my product line Mudd because Mudd is NOT Clear.

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  2. Out of state on

    I hope this hurts their business. Out of state companies trying to force local WA companies out of business. Keep Californians out of WA and OR!

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    • Dare to be original on

      First off, I have no horse in the race with The Clear but I feel their frustration. Over the last few years California has watched company after company come from out of state and rip our brands, packaging ideas and culture. Over the last few decades we have had them come from every damn state, including yours to set up guerrilla grows, shit on the land and take full advantage of all our years of breeding genetics. If you want California out of your state then take every Californian genetic out of your dispensaries and grows. Pretty hypocritical comment…IMHO

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  3. Vanessa Ruiz on

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