> For example, a consulting company can describe its business as “123 Web Services, offering WordPress consulting for small businesses,” but cannot call its business “The WordPress Consulting Company.” Similarly, a business related to WordPress themes can describe itself as “XYZ Themes, the world’s best WordPress themes,” but cannot call itself “The WordPress Theme Portal.”

If WordPress specifically says that using the tagline “the world’s best WordPress themes” is okay, it’s hard to show anything WP Engine has done as being unacceptable.

https://wordpressfoundation.org/trademark-policy/

Edit, because I’m responding too fast or some nonsense: That’s an interesting point; but if that were true, Matt should have used that as his argument, after sending a polite letter first explaining that was going too far. This did not happen; and considering Matt was on their podcast and didn’t give a darn until lately, it appears to not be a real problem.