Oracle Corporation has requested the US Patent and Trademark Office (USPTO) to partially dismiss a challenge to its trademark for the term 'JavaScript'. Deno Land, a company advocating for the open-source programming language, filed the challenge arguing that Oracle's ownership of the trademark stifles community development and use of the language.
Oracle Corporation has requested the US Patent and Trademark Office ( USPTO ) to partly dismiss a challenge against its trademark for the term 'JavaScript'. Deno Land, a company advocating for the open-source programming language, filed the challenge arguing that Oracle 's ownership of the trademark stifles community development and use of the language.
Deno Land's petition, supported by over 16,000 members of the JavaScript community, cites Oracle's aggressive trademark enforcement as hindering the growth and use of the programming language. The petition argues that the term 'JavaScript' has become a generic term, that Oracle committed fraud when it applied to renew its trademark in 2019, and that Oracle has abandoned its trademark because it does not offer JavaScript products or services. Oracle, in its motion to dismiss, focuses on refuting the fraud claim, contending that it submitted valid specimens showcasing the use of the trademark in connection with its offerings, including its JavaScript Extension Toolkit and educational resources.Oracle also asserts that the relevant consumers do not perceive 'JavaScript' as a generic term. Deno Land, on the other hand, maintains that the material Oracle presented in support of its trademark renewal application has no connection to any Oracle product and points to the use of a screenshot from the Node.js website, a project created by Ryan Dahl, Deno Land's CEO, as evidence of the alleged fraud. Deno Land argues that Oracle's tactic of delaying the proceedings forces them to either drop the fraud claim or spend months battling a procedural issue before addressing the core arguments of the case. The dispute highlights the ongoing debate surrounding trademark ownership and its impact on open-source software and community development
TRADEMARK JAVASCRIPT ORACLE DENOLAND USPTO OPEN-SOURCE SOFTWARE LEGAL CHALLENGE
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