JavaScript, the ubiquitous language of the web, is at the center of a trademark dispute. Oracle, having inherited the trademark from Sun Microsystems (who acquired it from Netscape), is facing a challenge from prominent figures in the JavaScript community, including the language’s creator, Brendan Eich, and the creator of Node.js and Deno, Ryan Dahl.

This isn’t a new fight. The unusual history of the name “JavaScript” (originally “Mocha,” then “LiveScript,” and finally “JavaScript” due to a licensing agreement with Sun, riding on the popularity of Java) has long been a source of confusion. The standardization of the language as “ECMAScript” further complicated matters, as “JavaScript” remained a trademarked name held by Sun, and later Oracle, after its acquisition of Sun in 2009.

The current battle heated up in 2024, with an open letter to Oracle signed by thousands of developers urging the company to relinquish the trademark. This letter was spearheaded by Ryan Dahl, the creator of both Node.js and Deno, and Brendan Eich, the creator of JavaScript. This culminated in a formal petition filed by Deno with the USPTO in November 2024 to cancel the trademark. The petition argues that “JavaScript” has become a generic term, synonymous with the language itself, and that Oracle’s lack of active use constitutes trademark abandonment. As of January 2025, Oracle has indicated it will not voluntarily release the trademark and is prepared to defend its ownership.

Who is Deno?

Deno is a company founded by Ryan Dahl, the same individual who originally created Node.js. Deno itself is a modern runtime environment for executing JavaScript, TypeScript, and WebAssembly. It’s designed with a focus on security, simplicity, and web compatibility. Deno is actively leading the charge against Oracle, having filed the formal petition with the USPTO. Dahl has been a vocal critic of Oracle’s hold on the JavaScript trademark, arguing that it hinders the community and serves no practical purpose for Oracle.

Key Arguments and Developments:

  • Genericity: The core argument against Oracle’s trademark is that “JavaScript” is now a generic term, used universally to refer to the language. This is supported by the widespread use of the term by developers, organizations, and even in educational materials, without any connection to Oracle.
  • Abandonment: The petitioners argue that Oracle’s lack of active use of the “JavaScript” trademark, beyond a few obscure products like Oracle JET (the Oracle JavaScript Extension Toolkit), demonstrates abandonment. Under US trademark law, non-use for three consecutive years can be grounds for cancellation.
  • Community Support: The open letter to Oracle, signed by thousands of developers, demonstrates significant community support for freeing the trademark. This highlights the importance of the name to the JavaScript community and the desire for it to be a public good. This support is further bolstered by key figures like Brendan Eich, the creator of JavaScript, publicly supporting the petition.
  • Oracle’s Response: As of January 2025, Oracle has stated it will not voluntarily relinquish the trademark and is prepared to defend its ownership in court. This sets the stage for a potentially lengthy legal battle, with court dates scheduled through July 2026. The legal process will involve discovery, where Deno will aim to prove the generic nature of the term “JavaScript” and Oracle’s lack of active use.

What’s at Stake?

The outcome of this dispute could have significant implications for the JavaScript community. If the trademark is cancelled, it would remove restrictions on the use of the name, allowing for greater freedom in branding conferences, projects, and organizations related to JavaScript. If Oracle prevails, it could maintain control over the name, potentially leading to licensing fees or restrictions on its use.

The fight for “JavaScript” is a fascinating case study in the intersection of trademarks, open source, and community ownership.