I am not sure which way this will go, but WPE's website was using the word "WordPress" in every possible way before they 'cleaned it up' a few days ago. I am not sure whether it was trademark infringement, but they did seem to be leaning heavily on the trademarked term. I compared WPE's website to Dreamhost's (as I am familiar with the latter as a provider of hosting for WordPress-based websites), and the latter used the term far more sparingly.
I’m not a lawyer, but why would they remove uses of WordPress from their website right before suing Automattic if their position is that they weren’t violating the trademark?
Fair enough - I can see there are limits but the material in Automattic’s lawsuit didn’t seem that problematic. Not sure how the law can distinguish between ok and too much use of ‘WordPress’.