Even if WordPress could suppress nominative use, do they really want a world where everyone selling wordpress-based services and products avoids saying "WordPress" like it was the name of The Dark Lord Himself? Maybe it's time for some malicious compliance by way of a hard fork that strips the word "WordPress" everywhere except where legally required.
Even if Mullenweg somehow had 100% of the facts and law on his side, he's still an embarrassment to both the company and the foundation.