Deno Land Petitions USPTO to Strip Oracle of JavaScript Trademark

Elliot Kim

Elliot Kim

November 26, 2024 · 3 min read
Deno Land Petitions USPTO to Strip Oracle of JavaScript Trademark

Deno Land, the company behind the Deno runtime for JavaScript, has filed a petition with the United States Patent and Trademark Office (USPTO) to cancel Oracle's ownership of the JavaScript trademark. The petition alleges that Oracle has abandoned the trademark, as it has not sold any JavaScript goods or rendered any JavaScript services since acquiring the trademark from Sun Microsystems in 2009.

The move comes after a September open letter by Node.js and Deno creator Ryan Dahl, JavaScript creator Brendan Eich, and several other leading members of the JavaScript community, which asked Oracle to relinquish the trademark. The letter has garnered over 14,000 signatures, demonstrating the widespread support for freeing JavaScript from Oracle's ownership.

According to Dahl, Oracle has played no active role in JavaScript's development or ecosystem since acquiring the trademark. Instead, the company has sent cease-and-desist letters to organizations for simply using the term "JavaScript" in their names, causing confusion and unnecessary barriers. Dahl believes that Oracle's ownership of the trademark is an "outdated legal relic" that needs to be addressed.

The USPTO filing marks a pivotal step toward freeing the JavaScript name from legal entanglements. If successful, conferences could use the name JavaScript without concerns of legal overreach, and the language's development specification name, ECMAScript, could be replaced by the name JavaScript. This would allow for more accurate marketing and collaboration in the JavaScript community.

The petition also accuses Oracle of committing fraud in 2019 in its renewal efforts for the trademark. Oracle submitted screen captures of the Node.js website, despite Node.js not being affiliated with Oracle. The petition stresses that the term JavaScript is generic and that Oracle does not control, and has never controlled, any aspect of the specification or how the term JavaScript can be used by others.

Oracle has until January 4, 2025, to respond to the USPTO petition. If the petition is successful, it would mean that the term JavaScript would no longer be owned by a single corporation, but would instead belong to the public. This would be a significant victory for the open-source community, which has long advocated for the freedom to use the term JavaScript without fear of legal repercussions.

The implications of this petition extend beyond the JavaScript community. It highlights the importance of ensuring that trademarks are not used to stifle innovation or limit access to knowledge. As the tech industry continues to evolve, it is crucial that we prioritize openness, collaboration, and the free exchange of ideas.

In conclusion, Deno Land's petition to the USPTO marks a significant step toward freeing JavaScript from Oracle's ownership and promoting a more open and collaborative tech ecosystem. As the industry waits with bated breath for Oracle's response, one thing is clear: the future of JavaScript belongs to the public, not to a single corporation.

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