WP Engine sends cease-and-desist to Automattic

Cease-and-Desist

WP Engine has fired back at Automattic CEO Matthew Mullenweg after he called the company a “cancer” and threatened to disparage it if WP Engine did not pay Automattic tens of millions of dollars annually for the use of the “WordPress” trademark. WP Engine sent a cease and desist letter to Mullenweg, demanding he stop making allegedly false and misleading claims about the company. WP Engine claims that Mullenweg’s demand for payment is “astronomical and extortionate.” The company insists it does not need to license the word “WordPress,” arguing that its use of the mark is covered by fair use.

In the letter, WP Engine states, “Stunningly, Automattic’s CEO Matthew Mullenweg threatened that if WP Engine did not agree to pay Automattic—a very large sum of money before his September 20th keynote address at the WordCamp US Convention—he was going to embark on a self-described ‘scorched earth nuclear approach’ toward WP Engine within the WordPress community and beyond.”

Mullenweg, one of the two creators of WordPress and CEO of Automattic, which operates WordPress.com, argued last week that “WP Engine is not WordPress.” He claims that WP Engine and venture capital firm Silver Lake are profiting from WordPress without contributing back to the community.

Cease-and-desist issued amid WordPress dispute

Mullenweg also criticized WP Engine’s decision to disable WordPress revisions by default, stating, “They disable revisions because it costs them more money to store the history of the changes in the database, and they don’t want to spend that to protect your content.”

WP Engine wants Mullenweg to stop criticizing the company and claims the issues stem from its refusal to agree to millions in annual payments.

The company also disputes Mullenweg’s assertions about community contributions and trademark infringement. According to the letter, WP Engine is permitted to use the WordPress trademark under fair use and the WordPress Foundation’s policies, despite Mullenweg’s claims that the company has never donated to the foundation while making substantial revenue from WordPress. Automattic has not immediately responded to requests for comment.

As of now, no formal complaint has been filed, but WP Engine has directed Automattic to preserve documents in case of litigation and hinted at potential legal claims for tortious interference and unfair business practices.