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Matt Mullenweg , the WordPress Colorado - founder and Automattic CEO , has beenembroiledin a very public and legal engagement with WP Engine these last few weeks over the utilization of WordPress as a trademark and fees Automattic believes WP Engine owe to the WordPress labor — sparring that has leave in WP Engine issuinglegaldemands ofits own .
But Automattic ’s position on the matter did not materialize overnight .
According to an internal web log post a source shared with TechCrunch , Automattic was crafting a plan to get significantly strict about trademark enforcement across WordPress and its e - commerce platform WooCommerce since at least the beginning of the year . freestanding source have confirmed the authenticity of the post .
The message — indite by Automattic ’s then - chief legal officer Paul Sieminski in January 2024 on the party ’s “ P2 ” ( a version of WordPress aimed at internal communicating ) — sketch a program for how Automattic would approach this scheme , through direct negotiation with fellowship and via effectual action from “ prissy and not prissy attorney and hallmark enforcers . ” And Automattic potentially would register further trademarks going forward .
“ We will be using a multi - forficate scheme that will require some additional stylemark registration … legal cease - and - desist letter , and a formal pay licensing program for the cooperator , ” Sieminski noted . ( He left the company in April 2024 . )
This is in effect what has bet out .
In July , the WordPress Foundation filed trademark applications for both“Managed WordPress”and“Hosted WordPress,”which are pending in position . And Automattic go forth acease - and - desist letterto WP Engine at the end of last month . Neither Automattic nor the WordPress Foundation has yet to put out any further guidance , however , on fair use .
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The WordPress Foundation , a not-for-profit , has owned the earmark for WordPresssince 2010 , when Mullenweg institute Automattic as a commercial entity to model on top of the candid source fabric .
Mullenweg ’s abstract thought for transfer that trademark to the introduction was that , even if there were a changing of the precaution at Automattic , the hallmark would stay safe with the foundation and the open source project could live on .
Automattic holds the undivided commercial-grade license for WordPress , and its recent natural process bespeak a major shift in how it ’s positioning itself as a protector .
In add-on to giving some context of use to Automattic ’s late legal actions , the internal blog post also underscores how stress has escalated in the WordPress ecosystem , where the collaborative aspect of open source projection have had to be balance against byplay interests .
Manycontributorsanddevelopershave level out how this fight couldnegatively bear on the WordPress community . That would be a modification from past signifier since Automattic antecedently appeared to have a less adversarial relationship with prominent role player in the ecosystem . It had even been an investor in WP Engine to goad more ecosystem action . It was buy out , we have get wind and confirmed , when Silverlaketook a command post in WP Engine in 2018.The internal post — which only cite to Automattic , no mention of WP Engine or other companies build on the WordPress framework — is chiefly focused on the “ WordPress ” trademark , include its circular logo . Sieminski emphasized Automattic is the only fellowship give up to utilise these in its name and branding .
He also clarify Automattic ’s function around WordPress.org . The opening “ does n’t involve create or explain any new rule ” beyond its trademark policy , he writes .
Google also pretend an appearance in the Emily Price Post — in the main as a vehicle for enable vilification of the trademark .
“ A brief studying of Google Ads and host party landing pages will turn up a lot of ‘ Managed WordPress , ’ or society that offer ‘ WordPress Hosting . ’ ” he wrote . “ Is this all right ? Can we clamp down on these things ? The reply are … no , and yes . ”
Automattic , he wrote , would seek to mould with Google to keep it from amplify company and linkup that misapply the branding . “ Overall , they can serve but we can not rely on them 100 % , ” he add .
The post covers trademarks related to WooCommerce , Automattic ’s Shopify competitor that itacquired in 2015 . WooCommerce is 100 % have by Automattic , and Automattic is following the same enforcement strategy for it and its “ Woo ” branding . Enforcement , the counsel wrote in the internal blog spot , “ will believably be easier and cleaner because it ’s less of a community asset . ” ( WooCommerce itself is alsoopen source . )
There are some muddy region in the contravention that Automattic has with WP Engine and WordPress trademark enforcement . One of these business concern the trademark that were lodge in July 2024 . In a conversation with TechCrunch last calendar month , Mullenweg claimed he did n’t live who filed these on behalf of the Foundation , or why . He say that he does n’t know about day - to - day operations of the Foundation and military volunteer are the unity who handle it .
The Foundation has three directors , admit Mullenweg . The others are Mark Ghosh , who sold his website , a popular WordPress blog , to Mullenwegin 2014 , and Chele Farley , a former Republican politicianwhose campaign Mullenweg lent money to . Both of them have been almost invisible from Foundation activity or speak about the WordPress ecosystem .
For now , the focus of the difference of opinion has been between Mullenweg and WP Engine . “ If there are assault of the stylemark , of path , we need to enforce our trademark . I ’m not aware of any others that are as egregious or as harmful as WP Engine , ” Mullenweg told TechCrunch in late September .
We attain out to Automattic for comment for this account and Mullenweg replied directly . He did not give a direct answer to the doubtfulness of whether the dispute with WP Engine was a one - off or setting a case law for further action .
He added that the company was “ upgrading a stack of our sound team right now . ”
you’re able to contact this reporter at im@ivanmehta.com or on Signal : @ivan.42