WordPress Co-Founder Launches Counter Lawsuit Against WP Engine for Trademark Infringement

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Legal Developments in Automattic and WP Engine Dispute

A significant development has emerged in the ongoing legal confrontation between Automattic, co-founded by Matt Mullenweg, and the WordPress hosting provider WP Engine.

In a counterclaim filed by Automattic as part of WP Engine’s broader lawsuit against the company, allegations have surfaced regarding trademark violations and a lack of contribution to the open-source WordPress project, spurred by a pivotal investment from Silver Lake.

Automattic contends that following a substantial $250 million investment from Silver Lake—which conferred a controlling interest in WP Engine— the hosting company allegedly attempted to inflate its market valuation and orchestrate a swift, profitable exit.

Evidence presented in the counterclaim indicates that WP Engine misrepresented itself as the “WordPress Technology Company” and permitted its partners to refer to it as “WordPress Engine,” thereby infringing on the WordPress trademark.

Automattic also argues that WP Engine’s newly marketed products, such as “Core WordPress” and “Headless WordPress,” further obscured the company’s true identity. Notably, WP Engine did not fulfill its commitment to allocate five percent of its resources to bolster the WordPress project.

The counterclaim asserts that Mullenweg and Automattic made earnest attempts to resolve these trademark disputes through a “fair trademark license.” However, they allege that WP Engine merely “pretended to engage in licensing discussions,” intentionally delaying an agreement due to concerns that such an arrangement could adversely affect its profitability.

This financial urgency arose from Silver Lake’s alleged plans to sell WP Engine for a hefty $2 billion—a move that included overtures made to Automattic.

A spokesperson for WP Engine responded to the unfolding situation, declaring:

“WP Engine’s use of the WordPress trademark to refer to the open-source software is consistent with longstanding industry practice and fair use under settled trademark law, and we will defend against these baseless claims.”

Person wearing a WordPress t-shirt typing on a keyboard at a desk with a computer monitor and a WordPress-themed mug.

In stark contrast to WP Engine’s initial lawsuit, which accused Mullenweg of “abuse of power, extortion and greed,” the narrative presented in Automattic’s countersuit paints a notably different picture. WP Engine’s original complaint alleged that Automattic sought an eight percent royalty payment from its monthly revenue.

The aggressive stance taken by Mullenweg reportedly led to widespread employee discontent, with over 100 Automattic employees voluntarily departing the organization in response. While WP Engine secured a preliminary injunction in the wake of its lawsuit, it appears that the intricacies of this legal battle extend well beyond initial perceptions.

Source link: Yahoo.com.

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