Company seeks partial dismissal in trademark cancellation case brought by JavaScript runtime provider Deno Land.
Oracle, under external pressure to yield control over the JavaScript trademark, has instead filed a motion for dismissal of part of a petition to cancel the trademark.
Filed February 3, Oracle claims the petition fails to state a claim upon which relief can be granted alleging that Oracle committed fraud relating to the trademark. The petition to the United States Patent and Trademark Office (USPTO) to cancel the trademark was filed November 22, 2024 by JavaScript runtime builder Deno Land.
Deno Land has argued that Oracle committed fraud by submitting screen captures of the Node.js website to defend its ownership of the JavaScript trademark despite Oracle having no affiliation with Node.js. Oracle denies making a fraudulent submission, saying it also submitted a specimen pertaining to the JavaScript Extension Toolkit page from Oracle’s own website. Oracle seeks to have the USPTO trial and appeal board extend the deadline to answer the petition to at least 30 days beyond the board’s decision on the motion.
Efforts to void Oracle’s ownership of the JavaScript trademark have been led by Deno and Node.js creator Ryan Dahl. In a February 4 blog post, Dahl criticized Oracle’s latest move. “Yesterday, Oracle filed a motion to dismiss in response to Deno’s petition to cancel its ‘JavaScript’ trademark,” Deno Land CEO Dahl said. “But instead of addressing the real issue—that JavaScript is an open standard with multiple independent implementations—Oracle is trying to stall the process and sidestep accountability.”
In addition to the fraud claim, Deno Land has argued that Oracle should not hold the trademark, which it received when acquiring Sun Microsystems in 2009, because JavaScript was not an Oracle product and Oracle has abandoned the trademark anyway. But Oracle has refused to give up the trademark. “The situation is self-evident to anyone working in tech,” Dahl said this week. “Oracle did not create JavaScript. Oracle does not control JavaScript. Oracle should not own the trademark for JavaScript.”
Oracle could not be reached for comment about the issue on February 5.
