This is a trademark dispute. WP-Engine uses the trademark, and made a tactical decision not to license it. Their thought was better to ask for forgiveness later then pay up front. Protecting your trademark is critical for an organization governing an open source product. Just look at Docker to see what happens when you lose control of your trademark. Last I checked, most owners aggressively protect their trademark. It's one of the few IP protections open source companies have. Why are you all defending the freeloading open source strip miner? Is WP Engine's use of the trademark fair use? Something tells me that they will end up settling this out of court...