Oracle is facing renewed pressure to relinquish its control over the JavaScript trademark but has instead taken legal steps to defend its ownership. In response to a petition seeking to cancel the trademark, Oracle has filed a motion to dismiss part of the challenge, arguing that the claims against it are legally insufficient. The petition, originally submitted on November 22, 2024, by Deno Land, alleges that Oracle committed fraud in its efforts to maintain the JavaScript trademark.
In its February 3 filing, Oracle argues that the fraud allegations lack merit and should not be grounds for canceling the trademark. Deno Land claims that Oracle falsely submitted screenshots from the Node.js website as evidence of its ownership, despite having no affiliation with the Node.js project. Oracle, however, insists that it did not misrepresent any information, pointing out that it also provided a specimen from its own JavaScript Extension Toolkit webpage. The company has requested that the United States Patent and Trademark Office (USPTO) trial and appeal board extend its deadline to formally respond until 30 days after a decision on its dismissal motion.
The effort to challenge Oracle’s claim over the JavaScript trademark is being spearheaded by Deno Land and Node.js creator Ryan Dahl. In a February 4 blog post, Dahl accused Oracle of using stalling tactics rather than addressing the core issue: that JavaScript is an open standard with multiple independent implementations. “Instead of recognizing that JavaScript belongs to the developer community, Oracle is trying to sidestep accountability,” Dahl wrote.
Deno Land’s petition also asserts that Oracle should not hold the JavaScript trademark because it was never an Oracle product and has effectively been abandoned. The trademark originally belonged to Sun Microsystems, which Oracle acquired in 2009. Dahl has been vocal in his opposition, arguing that Oracle neither created JavaScript nor controls its evolution. “The situation is clear to anyone in the tech industry,” Dahl said. “Oracle did not create JavaScript. Oracle does not control JavaScript. Oracle should not own the trademark for JavaScript.”