Open Source, Trademarks, and WP Engine

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For those just catching up: WP Engine needs a trademark license. Since being taken over by private equity firm Silver Lake in 2018, WP Engine has built a half-a-billion a year business by confusing consumers with their commercial use of the WordPress and WooCommerce trademarks. Automattic has tried for years to get WP Engine to obtain a commercial license for trademark use and contribute to the core software they rely on, but WP Engine has repeatedly declined to partner or contribute. If you gave $1 to the WordPress Foundation, you’d be a bigger donor than WP Engine.

On September 23, Automattic sent the following cease-and-desist letter to WP Engine, outlining WP Engine’s pattern of unauthorized usage of the WordPress and WooCommerce trademarks and demanding that WP Engine stop such behavior. 

WP Engine’s business model is based on extensive and unauthorized use of these trademarks in ways that mislead consumers into believing that WP Engine is synonymous with WordPress. It’s not.

This is trademark abuse, not fair competition.

Here is the full letter, here are the exhibits.