In escalating feud, Automattic accuses WP Engine of bad-faith negotiations, deceptive branding, and trademark violations linked to private equity pressure
A Legal War Brews in WordPress World
Automattic, the company behind WordPress.com, has filed counterclaims in an ongoing legal dispute with hosting provider WP Engine, accusing it of trademark infringement, deceptive marketing, and bad-faith business practices.
- The counterclaims come in response to WP Engine’s October 2024 lawsuit, which alleged defamation and abuse of power by Automattic and CEO Matt Mullenweg.
- Automattic now paints WP Engine as the aggressor, claiming it misused the WordPress trademark, neglected community commitments, and acted in bad faith during licensing discussions.
Automattic accuses WP Engine of being “a cancer to WordPress” and says the host pretended to negotiate while using the trademark to boost its valuation.
The Heart of the Dispute: Trademark, Trust, and Community
At the center of the conflict is WP Engine’s use of the WordPress name in product and company branding, which Automattic claims crossed the line into infringement:
- WP Engine allegedly branded itself as “The WordPress Technology Company” and allowed others to call it “WordPress Engine”.
- The host launched products like “Core WordPress” and “Headless WordPress” without Automattic’s approval.
- Automattic claims the company misrepresented its commitment to contributing 5% of its resources to the open-source WordPress ecosystem — a key community expectation.
“These were deliberate violations,” Automattic states, arguing WP Engine’s goal was to avoid paying licensing fees that would impact its financial metrics.
Silver Lake’s Shadow: Private Equity Pressure at Play?
Automattic’s counterclaims draw a direct line to Silver Lake, the private equity firm that invested $250 million into WP Engine.
- Automattic alleges Silver Lake pushed WP Engine to violate trademark rules in order to inflate its valuation and improve its chances of a sale.
- The filing claims Silver Lake sought to offload WP Engine at a $2 billion valuation, even making overtures to Automattic itself, but failed to find a buyer.
- During this time, Automattic says WP Engine cut essential features and reduced product quality to save costs — allegedly harming users in the process.
Broken Negotiations and “Bad Faith” Talks
Automattic claims it tried to resolve the issue through a licensing deal, but says WP Engine delayed talks intentionally while continuing to capitalize on the WordPress brand.
- After talks failed, Automattic sent a cease-and-desist letter, then banned WP Engine from accessing WordPress.org resources — a move that escalated the feud.
- Automattic now alleges that WP Engine feigned compliance to buy time while exploiting the brand’s reputation for its own gain.
WP Engine Fires Back: “Fair Use”
In a statement responding to the counterclaims, WP Engine defended its actions:
“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.”
The company maintains that its actions are aligned with community standards and protected under trademark fair use, a common defense in open-source environments.
A Broader Clash Over WordPress Governance
This case highlights a growing tension in the WordPress ecosystem between corporate stakeholders and the open-source ethos that powers the platform.
- Automattic plays a unique role as both steward of the WordPress trademark and commercial player, leading to conflicts over branding and governance.
- The lawsuit could set a precedent for how companies in the ecosystem market WordPress-based services — and how the community polices that use.
As the case proceeds in the U.S. District Court for the Central District of California, the outcome could have far-reaching implications for open-source branding, trademark law, and private equity influence in software communities.
