The WordPress Foundation's trademark policy[0] seemed fairly clear that:
> The abbreviation “WP” is not covered by the WordPress trademarks and you are free to use it in any way you see fit.
and
> a business related to WordPress themes can describe itself as “XYZ Themes, the world’s best WordPress themes,” but cannot call itself “The WordPress Theme Portal.”
To me it looks like a conflict of interests that Matt's using his role as the director of the non-profit to try to make a competitor pay his for-profit business (which it's worth disclosing that you are an employee of, edit: now disclosed) tens of millions of dollars.
Particuarly since WP Engine do already seem to contribute to the WordPress project/community/non-profit side, through events/sponsorships/open-source contributions. Even WordPress.org states "This organization contributes 5% of their resources to the WordPress project" under their "Five for the Future" program[1].
I am an employee of Automattic, that's correct and public.
The problem is not the "WP" in their name but their specific usage of "WordPress" and "WooCommerce" on their website and marketing. You don't have to literally use the trademarked in your brand name for infringement. Legal threshold, AFAIK, is around 15% of the people thinking you are officially related to the owner or the licensees of the trademark.
The supposedly infringing quotes from WP Engine in Automattic's "Exhibit B" ("Increase website speed with the fastest WordPress hosting", etc.) are extraordinarily similar to what the Wordpress Foundation's trademark policy explicitly permits ("the world’s best WordPress themes") - and would be nominative use even if that were not the case.
> The abbreviation “WP” is not covered by the WordPress trademarks and you are free to use it in any way you see fit.
and
> a business related to WordPress themes can describe itself as “XYZ Themes, the world’s best WordPress themes,” but cannot call itself “The WordPress Theme Portal.”
To me it looks like a conflict of interests that Matt's using his role as the director of the non-profit to try to make a competitor pay his for-profit business (which it's worth disclosing that you are an employee of, edit: now disclosed) tens of millions of dollars.
Particuarly since WP Engine do already seem to contribute to the WordPress project/community/non-profit side, through events/sponsorships/open-source contributions. Even WordPress.org states "This organization contributes 5% of their resources to the WordPress project" under their "Five for the Future" program[1].
[0]: https://web.archive.org/web/20240901224354/https://wordpress...
[1]: https://web.archive.org/web/20240524210250/https://wordpress...