RPJ’s Nafasika Karavida Featured In Success.com Article on WordPress and WP Engine

In a recent article for Success.com, RPJ’s Nafsika Karavida explores the escalating trademark dispute between WordPress founder Matt Mullenweg and hosting provider WP Engine. She provides valuable insight into the legal complexities of the case and the potential impact on businesses that depend on the open-source CMS.

The article describes how WordPress, which powers approximately 40% of websites worldwide, has drawn criticism from Mullenweg, who has accused WP Engine of not contributing sufficiently to the platform’s development. The disagreement has escalated into legal action, including cease-and-desist letters and a lawsuit alleging trademark violations.

Ms. Karavida explains that pursuing legal action against WP Engine for trademark infringement would present significant challenges for WordPress. One of the key hurdles is WP Engine’s long-standing use of the WordPress trademark, which WP Engine has prominently featured since its inception. Recently, WP Engine has adjusted its website to minimize any perceived affiliation with WordPress, likely in response to legal counsel. Additionally, Ms. Karavida points out that California’s statute of limitations for trademark infringement is four years. Given that WP Engine began using the WordPress trademark back in 2010, much of its usage may therefore fall outside this limitation period. Furthermore, WordPress’s historical practice of allowing other companies to use its trademark adds complexity to its legal position.

This article, with Nafsika Karavida’s comments, highlights the intricate intersection of trademark law, open-source development, and the broader implications for businesses that rely on WordPress as a cornerstone of their online presence.

Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Senior Associate Nafsika Karavida who counsels clients on employment, intellectual property, corporate and transactional, and cross-border commercial law. Ms. Karavida is admitted to practice law in Connecticut, New York, Sweden, the European Union, and before the United States Patent and Trademark Office (limited recognition, passed Patent Bar Exam March 2023, admission pending).