In a lawsuit seeking to free the 'JavaScript' trademark from Oracle, the parties objected to the use of an image of the unrelated 'Node.js' as evidence
In a lawsuit filed by a group of engineers seeking to have the programming language 'JavaScript' trademarked by Oracle, Oracle submitted images of a project launched by a third party as evidence of commercial use. The project's owners argued that Oracle's actions were deceptive, but the courts rejected the allegation for lack of evidence.
JavaScript™ Trademark Update | Deno
Although JavaScript is a trademark owned by Oracle, a movement has been launched calling for the trademark to be released, with over 14,000 signatures from engineers and others, as the word JavaScript is widely recognized as a generic term.
The plaintiffs are Ryan Dahl, developer of the JavaScript runtime environments 'Deno' and 'Node.js,' and others, who base their complaint on three points: '1) genericization,' '2) fraud,' and '3) abandonment.'
・1: JavaScript is versatile
The term 'JavaScript' has become a household name for a programming language. It is used by millions of developers and organizations around the world, in places completely independent of Oracle. By law, a trademark that has become a generic name cannot remain a trademark. JavaScript is not a brand, it is a foundation of modern programming.
2. Oracle has made false claims in the past
When Oracle renewed its JavaScript trademark in 2019, it submitted screenshots to the USPTO of Node.js, a project launched by Dahl that is completely unrelated to Oracle. Presenting Node.js as evidence of Oracle's 'commercial use' violates the integrity of trademark law. If the USPTO relied on this false evidence to renew the trademark, it could invalidate the trademark renewal.
3. The trademark has been abandoned.
Oracle has not offered any significant products or services under the name 'JavaScript' for many years. Under U.S. law, a trademark that has not been used for three consecutive years is considered abandoned, and Oracle's inaction clearly meets this standard.
Oracle, which owns the 'JavaScript' trademark, is asked to release the trademark, but refuses, saying it has no intention of voluntarily withdrawing it - GIGAZINE
On June 18, 2025, the Trademark Trial and Appeal Board (TTAB) dismissed the “fraud” allegation, noting that the “fraud allegation was not legally sufficient.”
Claimants will be given the opportunity to amend and resubmit their fraud claims and have until July 8, 2025 to file amended claims.
Dahl has appealed the decision, but has decided not to amend his fraud claims, saying it would have delayed the case for several months.
'To prove that JavaScript is being used commercially, Oracle submitted images of an unrelated Node.js website in an attempt to knowingly mislead the USPTO. As the founder of Node.js, I find this conduct particularly unacceptable. Node.js is not an Oracle product or brand. Oracle did not develop it, did not operate it, and had no authority to use it as evidence of commercial use. Submitting a third-party open source site as evidence proves that they did not have better evidence,' Dahl said.
Dahl decided not to amend the fraud allegations and to continue the complaint, stating that the essence of the case is not fraud but the opening up of JavaScript (generic naming and abandonment). Oracle must respond by August 7, 2025, as to whether it will admit or deny the generic naming and abandonment allegations.
'If we win this cancellation, or if Oracle does the right thing and opens up the trademark, JavaScript will be free,' Dahl said.
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