Automattic sends WP Engine its own cease-and-desist over WordPress trademark infringement
The brouhaha in the WordPress community looks likely to escalate into a legal battle around trademarks.
The brouhaha in the WordPress community looks likely to escalate into a legal battle around trademarks.
Just a day after WordPress hosting service WP Engine sent a cease-and-desist notice to Automattic asking its CEO to stop publicly trashing WP Engine, now Automattic has sent its own cease-and-desist letter to WP Engine, saying the latter has infringed several trademarks like WordPress and WooCommerce.
This comes after Matt Mullenweg, the CEO of Automattic and co-creator of WordPress, last week criticized WP Engine for profiteering off the open-source WordPress project, called it a “cancer to WordPress,” and accused the company of contributing very little to the community.
In its letter 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 rights for from the WordPress Foundation. Automattic also said WP Engine has misled consumers into believing that there is a direct affliction between the two companies.
“Your unauthorized use of our Client’s trademarks infringes on their rights and dilutes their famous and well-known marks. Negative reviews and comments regarding WP Engine and its offerings are imputed to our Client, thereby tarnishing our Client’s brands, harming their reputation, and damaging the goodwill our Client has established in its marks,” the letter read.
“Your unauthorized use of our Client’s intellectual property has enabled WP Engine to compete with our Client unfairly, and has led to unjust enrichment and undue profits,” it added.
Automattic is also demanding compensation for the profits made by WP Engine by using its trademarks, and said that if WP Engine doesn’t amicably solve the matter, the company has the right to file a civil injunction case.
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