WordPress drama went up another notch on Wednesday after WordPress.org banned hosting provider WP Engine from accessing its resources.
The blocked resources in question? Automatic security and features updates and plugin/theme repository access. Matt Mullenweg reasserted his claim that this was a trademark issue. In tandem, WordPress.org updated its Trademark Policy page to forbid WP Engine specifically (way after the Cease & Desist): from "you are free to use ['WP'] n any way you see fit" to a diatribe:
The abbreviation “WP” is not covered by the WordPress trademarks, but please don’t use it in a way that confuses people. For example, many people think WP Engine is “WordPress Engine” and officially associated with WordPress, which it’s not. They have never once even donated to the WordPress Foundation, despite making billions of revenue on top of WordPress.
The WordPress Foundation, which owns the trademark, has also filed to trademark “Managed WordPress” and “Hosted WordPress.” Developers and providers are worried that if these trademarks are granted, they could be used against them.
WP Engine for WordPress.
That seems to be the commonly accepted solution if you look at other 3rd party trademark cases - situations like "RIF is fun for Reddit" coming to mind.
So, a fig leaf trademark that banks on the confusion and they make millions of that legitimacy, millions that these middle man kick about 200k upstream for ?
I don't see how RIF could potentially confuse anyone at all. WP Engine, maybe, but I'm not convinced. I mean, the US trademark office did allow the latter to be trademarked.
It's an interesting parallel that ultimately RIF was kicked off the platform and the trademark issue in 2020 was just the prelude to the the hostility and removal from the platform and not the real core issue, which profit extraction from the captive audience of these platform
Like JohnEdwa said, using a trademark to refer to someone else's product is considered nominative fair use: "referencing a mark to identify the actual goods and services that the trademark holder identifies with the mark."
At most, they just ambiguously used "Powered by WordPress Experts" once. I don't see how the evidence misleads people into thinking there was an endorsement.
IMO, dumb people confuse stuff all the time, like the Minecraft Gamepedia with the Minecraft Wikia back then. The meager amount of evidence presented does not convince me that WP Engine has done any actual harm to the WordPress brand.
But yeah, the smart way out would've been adding a "WP Engine is not associated with WordPress.org", at least one below the "WP ENGINE®, VELOCITIZE®, TORQUE®, EVERCACHE®, and the cog logo service marks are owned by WPEngine, Inc." footer. All in the past now, though. At the best both companies are tomfools.
No, they can't, because no, it isn't. That's what trademarks are for. You can't use a trademarked name to refer to your competing product.
Open source projects are generally permissive in terms of people repackaging their code for distribution for different platforms within reasonable guidelines, but even that is a sufficient change that they aren't obligated to allow their trademarks to be used that way.
It is no longer Wordpress once it's modified. That's what trademark is for.
There is no "enough". Any modification at all takes their permission to use their trademark.
Most allow you to do so within reasonable guidelines, but that only gives you the benefit of the doubt if it's ambiguous. As soon as they tell you that you don't have permission to use their trademark on your altered version, you can't use it.