Deno Launches Fundraiser to Challenge JavaScript Trademark
Deno has initiated a GoFundMe campaign with a goal of raising $200,000 to finance a formal Cancellation Petition with the United States Patent and Trademark Office (USPTO). The objective is to transition the term “JavaScript” from a trademark held by Oracle to the public domain.
The company, helmed by CEO Ryan Dahl—the original creator of Node.js—has escalated its efforts to disentangle JavaScript from Oracle’s trademark. The litigation has advanced to the discovery phase, during which evidence is evaluated and legal arguments are refined.
Over 27,000 supporters have signed an open letter directed to Oracle regarding the JavaScript trademark.
Should Deno emerge victorious, the designation “JavaScript” would become freely accessible for all to utilize. The request for $200,000 is justified by Deno as the discovery phase necessitates significant resources.
If any surplus funds remain post-campaign, the company has pledged to donate them to OpenJS to promote the defense of digital civil liberties. Notably, no funds will be allocated to Deno itself.
This campaign marks a new chapter in Deno’s ongoing efforts to persuade Oracle to relinquish the JavaScript trademark. Previous attempts encountered obstacles, most notably when the USPTO Trial and Appeal Board dismissed a fraud allegation—one of several components in Deno’s case against Oracle.
Deno’s petition to the USPTO is part of a broader initiative to compel Oracle to surrender control of the term. This endeavor was publicly initiated in September 2022 with an open letter from Ryan Dahl.
When this overture went unaddressed, a subsequent letter was dispatched in September 2024, which also failed to draw a response.
Consequently, Deno commenced formal cancellation proceedings, contending that Oracle has effectively abandoned the trademark, that “JavaScript” has evolved into a generic term, and that there was alleged misconduct during Oracle’s 2019 renewal of the trademark.
With the disallowance of the third claim, Deno is now concentrating on the assertion that “JavaScript” is universally acknowledged as a generic term, and by legal precedent, trademarks that have become generic cannot retain their status.
The abandonment argument posits that Oracle lacks any associated products or services tied to the trademark.
As articulated by Dahl in a blog post, the crux of the debate is clear:
Everyone uses “JavaScript” to describe a language—not a brand. Not an Oracle product. Just the world’s most popular programming language.
Oracle was obliged to respond by August 7 and has refuted the characterization of JavaScript as a generic term. In response, Deno contended:
“If you’re a web developer, it’s self-evident that Oracle has nothing to do with JavaScript. The trademark system was never meant to let companies squat on commonly-used names and rent-seek—it was designed to protect active brands in commerce. US law makes this distinction explicit.”
Deno emphasizes that this issue transcends the JavaScript trademark:
“It’s about whether trademark law functions as intended or whether trillion-dollar corporations can flout the principle that trademarks cannot become generic or abandoned. “JavaScript” is undeniably both. If Oracle prevails, it jeopardizes the integrity of the entire system.”
At the time of reporting, the GoFundMe campaign had garnered over $40,000. To track the campaign’s progress or to contribute, follow this link.
- Ian Elliot is the author of several books on JavaScript, notably Just JavaScript: An Idiomatic Approach, which explores JavaScript from a unique perspective suited for programmers familiar with other languages.
Source link: I-programmer.info.
