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The brouhaha in the WordPress community of interests looks potential to escalate into a legal battle around trademarks .
Just a daytime after WordPress host service WP Engine senta cease - and - refrain noticeto Automattic asking its CEO to stop in public junk WP Engine , now Automattic has sentits own cease - and - desist letter to WP Engine , saying the latter has infringed several trademarks like WordPress and WooCommerce .
This come up after Matt Mullenweg , the CEO of Automattic and atomic number 27 - Almighty of WordPress , last week criticizedWP Engine for profiteer off the open source WordPress project , calling it a “ cancer to WordPress,”and accused the ship’s company of bestow very little to the community .
In its letter of the alphabet dated Monday , Automattic alleged that WP Engine has built a business of over $ 400 million in revenue based on unauthorized use of its WordPress trademark , which Automattic claims it has the exclusive commercial right for from the WordPress Foundation . Automattic also say WP Engine has misled consumer into believing that there is a direct tie-up between the two companies .
“ Your unauthorized use of our Client ’s intellectual dimension has enabled WP Engine to compete with our Client below the belt , and has led to unjust enrichment and undue profits , ” it added .
Automattic is also demanding recompense for the profits made by WP Engine by using its trademarks and tell that if WP Engine does n’t amicably dissolve the subject , the ship’s company has the right hand to lodge a civil injunction case .
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For setting , here ’s a good summary of the WordPress community by my confrere Paul Sawers :
WordPress powersmore than 40%of the vane , and while any mortal or party is free to take the open source project and lead a web site themselves , a number of business have sprung up to deal host services and expert expertness off the back of it . Theseinclude Automattic , which Mullenweg set up in 2005 to monetize the project he ’d make two years earlier ; and WP Engine , a managed WordPress host supplier that has raised nearly $ 300 million in financing over its 14 - class history , the volume of which came via a$250 million investment from private fairness firm Silver Lakein 2018 .
In the cease - and - desist alphabetic character WP Engine sent to Automattic on Monday , the caller defend its rightfield to employ the “ WordPress ” stylemark under fair use laws . The ship’s company tot that Automattic has “ a wakeless mistake of both stylemark law and WordPress Foundation ’s trademark insurance . ”
It also allege Mullenweg demanded WP Engine pay Automattic “ a significant part of its gross tax revenue — ten of millions of dollars in fact — on an ongoing footing ” for a license to use trademarks like “ WordPress . ”
“ When his outrageous financial need were not fit , Mr. Mullenweg carry out his threats by making repeated fictitious claim pick at WP Engine to its employees , its customers , and the world , ” WP Engine ’s missive said .
Notably , Automattic ’s varsity letter does n’t mentionMullenweg ’s remarksabout WP Engine .
In the last week , Mullenweg has accused WP Engine of not contributing enough to the community and offer “ a cheap knock - off ” version of WordPress . WP Engine push back against this characterization and called out Mullenweg for launch a smear effort against the party , say it has already affected some of its stage business .
This might be the start of a long effectual tussle between the two entity . A lot of common people also pointed out that this battle might beharmfulforproviders offeringspecializedWordPress hosting .
to begin with today , WordPress Foundationchanged its Trademark Policy page , and it now call out WP Engine , aver the hosting service has jumble users .
“ The abbreviation ‘ WP ’ is not cover by the WordPress trademarks , but please do n’t use it in a mode that confuses people . For example , many masses think WP Engine is “ WordPress Engine ” and formally link with WordPress , which it ’s not . They have never once even donated to the WordPress Foundation , despite hold billions of revenue on top of WordPress , ” the updated pageboy reads .
