In his article for Search Engine Journal, titled “WP Engine Vs. Automattic: Rulings Preserve WP Engine’s Lawsuit,” Roger Montti discusses a recent court ruling that impacts the notable legal battle between WP Engine and Automattic, along with Automattic CEO Matt Mullenweg.
According to Montti, the court granted Automattic two victories by dismissing Count 4 (Attempted Extortion under California law) and Count 16 (Trademark Misuse) entirely. However, WP Engine still maintains considerable ground, as nine claims were allowed to proceed, while two others were dismissed with leave to amend, meaning they could be resubmitted with stronger arguments.
Notably, the court has permitted WP Engine to advance on the following claims:
- Intentional interference with contracts and business opportunities (Counts 1 & 2)
- Unfair competition (Count 5)
- Defamation, trade libel, and slander (Counts 9–11), based on statements allegedly made on WordPress.org and by Mullenweg at public events
- CFAA unauthorized access (Count 19), which relates to accusations that Automattic covertly replaced WP Engine’s ACF plugin with its own SCF plugin
- Lanham Act claims of unfair competition and false advertising (Counts 17 & 18)
Montti notes that while WP Engine’s antitrust and CFAA extortion claims were dismissed, there is an option to amend them. Nevertheless, Automattic stated in a blog post that “antitrust, monopolization, and extortion have been knocked out.” Montti points out that while this statement is technically accurate, it overlooks that several of WP Engine’s most significant claims remain active.
In summary, Montti emphasizes that although Automattic achieved partial victories, WP Engine’s lawsuit is far from over. The most serious allegations ranging from unauthorized plugin swaps to defamation will continue to move forward in court. and the most damaging allegations, from unauthorized plugin swaps to defamation, will proceed to trial.