Yeah, the practical situation there would seem pretty clear. I'm just wondering what theory Mullenweg is trying to express here in support of this action.
Of course the claim of trademark infringement has some plausible iota of basis to it. But I question whether WP Engine is really pursuing legal claims against WordPress.org as Mullenweg says they are, which would be a surprise to me. (Well, except for new claims as a consequence of this action.)