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WordPress.org bans WP Engine, blocks it from accessing its resources (techcrunch.com)

submitted 2 months ago by [email protected] to c/[email protected]

101 comments fedilink hide all child comments

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.

https://techcrunch.com/2024/09/26/wordpress-vs-wp-engine-drama-explained attempts to provide a full chronology so far.

Edit:

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.

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[–] conciselyverbose 11 points 2 months ago (13 children)

GPL doesn't give you any rights to trademarks.

[–] interurbain1er 1 points 2 months ago (9 children)

It's been debated to death in the thread linked below. I tend to fall on the side of the nominative fair use, but that's for lawyer and judge to sort out because I'm neither.

A cursory check of law review tells me the US doesn't have a uniform nominative fair use test applicable to the resell of goods and that the supreme court has refused to endorse a test creating a lot of inconsistency between circuit court. So everyone in that thread probably right in a different circuit court.

[–] conciselyverbose 2 points 2 months ago* (last edited 2 months ago) (8 children)

There is no debate.

Nominative fair use has no relevance to a separate, competing product. Nominative fair use gives you permission to use the term in the exact manner they do and no more. Their notice that your version is not "WordPress", in and of itself, completely nullifies the argument.

[–] interurbain1er 2 points 2 months ago

There's always a debate. That why there are court, judges and lawyers. They can sort that out.

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