Published in News

Oracle seeks dismissal of fraud claim in JavaScript trademark dispute

by on05 February 2025


Attempting to stall the case

Database licence seller Oracle has filed a motion with the US Patent and Trademark Office (USPTO) to partially dismiss a legal challenge to its JavaScript trademark.

This action was slammed as an attempt to stall or diminish legal proceedings against the company over the programming language's name.

Deno Land, the company behind the Deno JavaScript runtime, filed a petition challenging Oracle's trademark in November.

Led by Node.js creator and Deno Land CEO Ryan Dahl, the initiative aims to make the trademarked term "JavaScript" accessible to the community.

The petition has support from more than 16,000 members of the JavaScript community, seeking to eliminate the threat of Oracle lawsuits for using "JavaScript" in conference titles or business ventures.

"Programmers working with JavaScript have formed innumerable community organisations," the website explains.

"These organisations, like the standards bodies, have been forced to painstakingly avoid naming the programming language they are built around – for example, JSConf. Sadly, without risking a legal trademark challenge against Oracle, there can be no 'JavaScript Conference' nor a 'JavaScript Specification.' The world’s most popular programming language cannot even have a conference."

Oracle is known for vigorously defending its trademarks, citing the necessity of maintaining their strength under the law. The company secured a preliminary injunction 2002 against telecom publication Light Reading and issued cease-and-desist letters in other instances.

In their initial complaint, Deno Land argues that "JavaScript" has become a generic term, that Oracle committed fraud in its 2019 trademark renewal application, and that Oracle has abandoned the trademark by not offering relevant products or services.

Oracle's current motion seeks to dismiss the fraud claim, asserting that it provided valid specimens to the USPTO and that no evidence of fraudulent intent has been presented. The company has requested 30 days to respond to the other claims.

"Oracle, through its attorney, submitted specimens showing screen captures of the Node.js website, a project created by Ryan Dahl, Petitioner's Chief Executive Officer," the trademark cancellation petition says.

"Node.js is not affiliated with Oracle, and the use of screen captures of the 'nodejs.org' website as a specimen did not show any use of the mark by Oracle or on behalf of Oracle."

Ryan Dahl criticised Oracle's legal tactics, stating, "Oracle waited until the deadline to file this motion, a tactic commonly used to drag out proceedings. By challenging only the fraud claim, they avoid addressing genericness and abandonment—the case’s core issues."

Rate this item
(0 votes)

Read more about: