Automattic, the commercial entity behind WordPress, has been executing a long-planned strategy to aggressively enforce its trademarks against third-party companies. This legal pivot, which recently erupted into a high-profile public conflict with WP Engine, was formalized in an internal document drafted as early as January 2024.
The Strategy: “Nice and Not Nice” Lawyers
According to an internal blog post shared on Automattic’s proprietary “P2” platform, the company’s then-chief legal officer, Paul Sieminski, outlined a rigorous multi-pronged approach to trademark compliance. The plan detailed the use of both “nice and not nice” legal counsel to pressure companies misusing the WordPress and WooCommerce brands.
The internal directive explicitly mentioned that Automattic would rely on a mix of direct negotiations, formal cease-and-desist letters, and a structured paid licensing program for partners. This roadmap directly mirrors the current legal landscape, where the WordPress Foundation recently filed for trademarks on terms like “Managed WordPress” and “Hosted WordPress.”
Shifting the WordPress Ecosystem
For years, Automattic maintained a collaborative, less adversarial relationship with major ecosystem players, even investing in WP Engine before Silverlake acquired a controlling stake in 2018. The recent shift suggests a prioritization of business interests over the traditional open-source ethos.
Many contributors and developers have voiced concerns that this legal aggression could negatively impact the WordPress community. Despite these concerns, Automattic continues to assert its role as the sole entity authorized to use the “WordPress” name and circular logo in commercial branding.
Targeting Search and Hosting Abuse
The internal memo identified Google Ads and various hosting landing pages as primary vectors for trademark infringement. Sieminski wrote that Automattic intended to work directly with Google to limit the amplification of companies misusing WordPress branding. While he noted that Google’s cooperation would be helpful, he admitted that the company “cannot rely on them 100%.”
The enforcement strategy extends to WooCommerce, which Automattic views as a more straightforward asset to protect. Because WooCommerce is less of a community-run project compared to the core WordPress framework, the legal team noted that enforcement for “Woo” branding would likely be “easier and cleaner.”
The Foundation and Future Enforcement
While WordPress co-founder Matt Mullenweg has previously distanced himself from the day-to-day operations of the WordPress Foundation—which holds the core trademarks—the recent filings have raised questions about the intersection of Automattic’s commercial interests and the Foundation’s nonprofit status. The Foundation currently lists three directors, including Mullenweg, though the other two have remained largely invisible regarding ecosystem policy.
When asked if the conflict with WP Engine sets a broader precedent, Mullenweg maintained that trademark enforcement is standard procedure. “We do trademark enforcement all the time,” he stated, noting that while most issues are resolved via email, WP Engine’s usage was “so intrinsic to their business” that it demanded a substantive legal resolution. Automattic is currently in the process of “upgrading” its legal team to support these ongoing efforts.