Internal blog post reveals Automattic's plan to enforce the WordPress trademark using 'nice and not nice lawyers'
Matt Mullenweg, the WordPress co-founder and Automattic CEO, has been embroiled in a very public and legal fight with WP Engine these last few weeks
Automattic's Aggressive Trademark Enforcement Strategy Unveiled
In recent weeks, a public and legal dispute has erupted between Matt Mullenweg, co-founder of WordPress and CEO of Automattic, and WP Engine over the use of the WordPress trademark. This conflict, however, is not an isolated incident but part of a broader, premeditated strategy by Automattic to tighten control over its intellectual property.
The Internal Memo
An internal blog post from January 2024, authored by Automattic's then-chief legal officer Paul Sieminski, reveals that the company had been planning a more stringent approach to trademark enforcement for both WordPress and WooCommerce since the beginning of the year.
The strategy outlined in this memo included:
Recent Actions
True to the plan laid out in the internal memo, Automattic has taken several steps to enforce its trademarks:
The WordPress Ecosystem
This aggressive stance marks a significant shift in Automattic's relationship with the WordPress ecosystem. Previously, the company had fostered a more collaborative environment, even investing in companies like WP Engine to encourage ecosystem growth. The recent actions have raised concerns among contributors and developers about the potential negative impact on the WordPress community.
Trademark Ownership and Licensing
It's important to note that the WordPress Foundation, a non-profit organization, has owned the WordPress trademark since 2010. Automattic holds the exclusive commercial license for WordPress. This arrangement was initially set up to protect the open-source project's future, regardless of changes at Automattic.
WooCommerce Trademarks
The enforcement strategy extends to WooCommerce, Automattic's e-commerce platform acquired in 2015. Automattic owns WooCommerce entirely and plans to enforce its trademarks similarly, albeit potentially with less complexity due to its status as a company asset rather than a community project.
Murky Areas and Leadership Questions
The dispute has highlighted some unclear aspects of the WordPress Foundation's operations:
Moving Forward
While Mullenweg has stated that trademark enforcement is routine, the scale and public nature of the dispute with WP Engine suggest a more aggressive approach. Automattic is reportedly "upgrading" its legal team, indicating that this may be the beginning of a new era in how the company manages its intellectual property rights within the WordPress ecosystem.
As this situation unfolds, it will be crucial to monitor how Automattic balances its commercial interests with the collaborative spirit that has long defined the WordPress community.
This summary covers the key points of the original piece, including:
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