JavaScript Trademark Update

392 thebeardisred 133 6/28/2025, 6:52:00 PM deno.com ↗

Comments (133)

maxk42 · 2h ago
Oracle, to my knowledge, does not profit at all off of the JavaScript name or brand. I don't see the purpose of defending this lawsuit. They have an opportunity to create some goodwill here, hold a press release, and say "We're gifting the JavaScript trademark to the developer community!" But instead they're defending something that they literally do not profit off of. It's absurd.
homebrewer · 2h ago
They could reverse 90% of their brand damage in one swing by simply updating CDDL to allow integrating ZFS with GPL, which also wouldn't cost them anything as far as I'm aware, but we're both making the mistake of anthropomorphizing the lawnmower.
muglug · 1h ago
> They could reverse 90% of their brand damage

Their stock is 50% higher than it was a year ago.

Not quite sure this is doing them damage.

Lerc · 1h ago
Making a concession when they have not been forced to might indicate weakness to some. In that sense showing a speck of humanity might actually harm their stock.
Nevermark · 32m ago
My guess, is that the people who could break protocol are too busy to deal with a request to break protocol. Too busy to give it a thought.

And anyone who is sympathetic to the request, knows that campaigning for the protocol break would require disrupting two or three levels of management above them, forcing powerful people to deal with something they don't care about. And that would be interpreted as wasting important people's time.

So the organization, as a decision making entity, is incapable of recognizing, much less considering, requests for an exception to default behavior.

I worked with a business that operated this way for many years. Even when there were overwhelming reasons to break process, the spark and tinder never got anywhere near each other.

Everyone between the spark and tinder empathized, talked to "somebody" to demonstrate they "tried", and to create an alibi for the inevitable "no" response that came next, while quietly doing everything they could to smother that spark, before it burned them.

make3 · 5m ago
Satya's attempt to rehumanize Microsoft by making efforts to help open source projects really helped Microsoft's image
Aeolun · 35m ago
I’m fairly certain the people buying Oracle stock ar elopking for exactly the kind of company it actually is.
ksec · 2h ago
>by simply updating CDDL

How about a simpler solution, just relicense everything to BSD / MIT.

ndiddy · 1h ago
The version of ZFS that everybody (besides the dwindling number of Oracle Solaris customers) uses now, OpenZFS, has been maintained completely independently of Oracle since they shut down OpenSolaris in 2010. This means that Oracle relicensing ZFS wouldn't do anything to help with getting it integrated into the Linux kernel, since there's been hundreds of independent contributors to ZFS since then who all own their own copyrights. Because ZFS is licensed under the CDDL, which has an automatic upgrade clause, Oracle could simply copy/paste the GPLv2 license text and call it "CDDL v2" if they wanted to make ZFS able to be included in Linux.
saghm · 1h ago
Swapping to an entirely new license rather than adding one sentence to the existing one is not simpler either in terms of linguistics or getting approval from their army of lawyers.
aleph_minus_one · 1h ago
> They could reverse 90% of their brand damage in one swing by simply updating CDDL to allow integrating ZFS with GPL

ZFS can be run under Linux - combining the Linux kernel with ZFS is a collective work (collection) of two independent works.

drdaeman · 2h ago
Nowadays, it's a lawyer company - not a technology/software company. Their only reason for existence is to keep selling licenses for the things they own for as long as they still can, so it's pretty natural they're holding on to anything (regardless of actual value) they can.
vips7L · 1h ago
It’s a huge company with different divisions.

Oracle is one of the leading researchers in JIT compilers, garbage collectors, and language interpreters.

johannes1234321 · 1h ago
Back when Oracle acquired Sun they told us "Sun had more lawyers per capita than we"

Interpretation on the fact and metric and the need to tell I leave up to you

arp242 · 2h ago
Lawnmowers are incapable of caring about goodwill.
WD-42 · 2h ago
They have lawyers that need to justify their salary. Also why would they give up something for nothing. This is the “market forces” at work.
hn_throwaway_99 · 2h ago
I think this is key. When you hire people to do work, they'll find stuff to do even if it isn't really necessary or a long term good for the company.

My favorite other example of this is when I see a UI redesign that didn't actually benefit anyone and was more a style change than anything, and sometimes actively makes usability worse (cough Liquid Glass cough) In those situations I always think "well, some designers on staff needed to justify their paychecks".

lovich · 2h ago
These are all the result of the principal agent problem

https://www.investopedia.com/terms/p/principal-agent-problem...

hn_throwaway_99 · 1h ago
I think this is actually a bit different than the principal agent problem, at least how the principal agent problem is normally described and envisioned.

E.g. you often imagine cases like a manager making a decision that causes a short term pop in stock price (and bonuses to the manager) to the detriment of the long term health of the company when thinking about the principal agent problem. In the cases I'm thinking about, though, it's more that people rarely can do nothing, even if that's sometimes the best thing to do. E.g. large companies need to have lawyers and designers on staff for lots of reasons. But sometimes there just isn't enough work for these folks to do (even if they need to be "warm" and ready when important work comes along). And if there isn't enough work to do, these people will find work to do.

This is another reason why I think that, even though layoffs are painful, having people "milling about" without clear direction and purpose is the worst for everyone involved. These people will just schedule meetings, insert themselves where it isn't helpful, etc., just to make it seem like they have a purpose.

This could be thought of as a "variant" of the principal agent problem I guess, but this instance of "idle hands are the devil's playthings" is different enough from the "standard" principal agent problem that I don't think it's helpful to conflate these two things.

aleph_minus_one · 1h ago
> But sometimes there just isn't enough work for these folks to do (even if they need to be "warm" and ready when important work comes along). And if there isn't enough work to do, these people will find work to do.

It is possible to find work in a different area at the company for such in-between times.

For example at the company where I work, a (very capable) secretary whose original role was not needed anymore, but for who there existed a very role in the future was for the in-between time assigned to assist some other department in their reporting duties to regulating authorities.

snickerdoodle12 · 1h ago
Goodwill isn't "nothing", but good luck explaining that to a lawyer.
greggsy · 49m ago
This is the wrong way to look at it from a business perspective. They don’t directly profit off licensing or support or anything like that, but they gain free advertising.

They gain absolutely nothing by handing over the name and brand - in fact they lose valuable brand recognition.

Obviously most people in the industry hate them with a passion (see this thread as evidence), but many see the association as evidence that they might at least have some expertise with that product set. I certainly don’t agree with their position, but it makes sense commercially.

msinclair · 41m ago
How are they going to lose brand recognition, when a majority of people do not associate JavaScript with Oracle? The only language I associate with Oracle is Java.
madeofpalk · 26m ago
Brand recognition for what?

No one thinks of Oracle when they see JavaScript.

burnte · 1h ago
Oracle is a law firm that sells IP. They'd rather control and strangle the name JavaScript than let people use it without their control.
Zafira · 37m ago
> Oracle, to my knowledge, does not profit at all off of the JavaScript name or brand.

At this time, but their ownership and past behavior indicates that if Deno or anyone else tries to have a paid offering, there’s a non-zero chance Oracle will come sniffing for low effort money.

NBJack · 2h ago
Probably a reflexive action at this point. Ingrained into what's left of their soul I assume.

It literally wouldn't surprise me if when asked, the legal team simply responded "it's standing policy".

theturtle32 · 1h ago
"soul"? Oracle never had one in the first place.
randyrand · 1h ago
No need to “gift” it. It would be better if no one owned the trademark. Put it in the public domain.

I’m not sure if that’s even possible under US law though.

N7lo4nl34akaoSN · 1h ago
They profit through conflation with Java.
relativeadv · 2h ago
Oracle is doing something petty and absurd? Are you sure?
kstrauser · 1h ago
The hell, you say!
Quekid5 · 17m ago
"To shreds, you say?"
Quekid5 · 18m ago
"Oracle" and goodwill is not a thing.
justinator · 2h ago
Well you just used "Oracle" and "JavaScript" in the same sentence so it seems it's useful to them to reinforce their brand.

Whoever thinks it's a good idea to bet on the altruism of a giant faceless corporation is dumb.

tgma · 1h ago
I mean I get Oracle hate and stuff, but remember the great and lovely Sun Microsystems used all tricks in the bag against Microsoft with respect to Java late 90s/early 2000s.

So, is "X abuses IP law" hatred is out of principle or because folks seem to be in love with Sun and Google and hate Oracle and Microsoft.

xyst · 1h ago
Oracle and "goodwill" in the same sentence is laughable.
lvl155 · 3h ago
Thank you to everyone behind this effort. At some point, decades ago in the past, Oracle added value to the tech ecosystem. Now, they’re a giant rent-extracting behemoth. I hate the fact that we can’t have nice things in 2025 simply because Oracle owns the IP. Oracle is what happens when corporations become lazy and hand over the keys to some brand names just because “no one ever got fired for buying/hiring _____.” I hope those days are past us.
Someone1234 · 3h ago
Sun Microsystems definitely added value, tons in fact.

Oracle's contributions are less clear-cut, particularly if you don't count all the acquired "achievements."

gardnr · 3h ago
Sun did engineering. Oracle does business.

I’d be surprised if Oracle released the trademark without a fight to the end. They have a special way of decimating open source projects.

beanjuiceII · 2h ago
oracle does engineering just fine, and they are actually still around...so maybe Sun was doing it wrong
zbentley · 1h ago
Quality of engineering and longevity of the company producing the engineered product have nothing to do with each other.

Evaluated by how useful they are to society at large, many businesses should not exist forever--or even for very long. Xerox PARC, Kodak, and Netscape are examples of companies (or, in PARC's case, a division of a company) that contributed significantly to their fields before becoming defunct. Those contributions aren't worsened or inferior, somehow, because the companies that engineered them are gone.

Whether or not a company is still in business only tells you whether a company is good at keeping itself alive. Over time, that quality is increasingly disconnected from whether a company produces valuable goods or services.

hamburglar · 1h ago
The quality of engineering varies wildly within Oracle, to the point that entire divisions can be relied on to produce absolute garbage because longevity completely trumps talent. Oracle Cloud has great engineering (which these days is quite hampered by bureaucracy and misplaced frugality, in my opinion), but outside OCI and a few small select orgs, the situation is dire.

At a couple points my org had hiring crunches and leadership’s short term solution was to find employees from other orgs that could be “loaned” to us. The quality was universally jaw-droppingly low. I had to do code reviews and they would do the craziest junior-developer no-standards stuff that would cause their PRs to get rejected repeatedly, because not only did they make dumb decisions, they didn’t even understand the explanations of why they were dumb decisions. It was infuriating and a horrible waste of time, and the second time around, we tried to say we don’t want that kind of help, but leadership insisted that the free manpower was not optional.

kyralis · 19m ago
That sort of loaned manpower isn't free, despite management's continued delusions that it is. Loaners have a cost, both up-front (onboarding, mentoring, reviews, etc) and on-going (lack of organic expertise in the new code remaining on the team, maintenance of suboptimal or inconsistent code, etc). But they're not the sorts of costs that show up well on balance sheets, so good luck convincing anyone that they exist.
quest88 · 2h ago
Who is responsible for the java API updates?
reddalo · 2h ago
Damn I miss Sun Microsystems products.
raverbashing · 2h ago
But did Sun actually add anything in relation to JavaScript?
mosdl · 2h ago
The name, it was originally going to be called Livescript.
osigurdson · 3h ago
Those days will probably never be behind us because incentive structures in companies make employees risk averse.
fluidcruft · 3h ago
When has Oracle ever added value whatsoever to the tech ecosystem?
homebrewer · 3h ago
If it's an honest question and not just the beginning of a hate-fest, let's think...

Both Java the language and OpenJDK the main runtime & development kit have had much more money and manpower poured into them under Oracle than they ever had previously. Both continue to advance rapidly after almost dying pre-Oracle acquisition.

MySQL 8 (released in 2018) was a massive release that brought many long awaited features (like CTEs) to the database, although MySQL's development have stalled during the past few years.

Oracle employs several Linux kernel developers and is one of major contributors (especially to XFS and btrfs): https://lwn.net/Articles/1022414

Not top 3 or even top 10, but better than most companies out there.

That's all I can remember.

edit: after thinking about it for a couple more minutes, they're also the main developer of GraalVM — the only high quality FOSS AOT compiler for Java (also mentioned by a sibling comment), and are writing one of the major relatively lightweight modern alternatives to Spring (the other two being Micronaut and Quarkus): https://helidon.io

arp242 · 2h ago
There's also VirtualBox (inherited from Sun). And probably some other things. Although from what I heard you risk being besieged by aggressive Oracle salespeople if they suspect you're using one of the proprietary "extension pack" features. This sort of thing is why I would think very hard before using anything from Oracle.
cerved · 1h ago
LMS/GLAS
ksec · 2h ago
>although MySQL's development have stalled during the past few years.

9.0 is finally released and we are now at 9.3. While nothing big or exciting with every release but development is steady. MySQL 8.0 will reach EOL in April 2026 so every should move to 8.4 LTS soon(ish) and 9.7x should also be LTS by then. I know most on HN is about Postgres but modern MySQL is decent. I think a lot of people still have MySQL from 5.0 era. Which is also somewhat true with Java as well.

I think Oracle do contribute lot of open source code, they just dont get the credit or brag about it.

timeon · 1h ago
> MySQL 8 (released in 2018)

Many already moved to MariaDB, because development stalled after Oracle bought Sun (which bought MySQL).

tomnipotent · 1h ago
MariaDB has seen decent adoption, but it's still an order of magnitude less than MySQL.
beanjuiceII · 2h ago
people just like hating on successful companies, a HN special.. I ignore most those types of posts on this site because they are without any merit
toyg · 1h ago
I think the Oracle hate goes a bit beyond the generic hatred for successful companies (be it Microsoft, FAANG, etc).

People actually used to like the products that made these companies explode. Windows 2000 was cool; Facebook was cool; Google was cool. Whenever they stop being pure unadulterated evil for a few minutes, very quickly a lot of people are willing to forgive them and welcome them back into polite society.

But as long as most geeks can remember, Oracle has never been cool. At its peak, the company enabled a world of snooty BOFH DBAs, selling unreasonably expensive products to well-oiled middle-managers. And then they started "acqui-squeezing" adjacent products, blackmailing their own customers, and suing everyone in sight. They could cure cancer tomorrow, gifting all the related IPs to the world, and most geeks would still see them as scum trying to whitewash their image - and they would probably be right. There are some great engineers in Oracle, but their management is all that is wrong with capitalism.

kragen · 1h ago
From 01979 until about 02000, Oracle's RDBMS software was probably the best in the world, and definitely better than the free-software alternatives like Postgres. (Remember that MariaDB, then named MySQL, didn't become free software until 02000 and didn't support transactions until even later.) For several years after that, it was still the best database for some purposes. And that's true even though the Bastard Database Operators From Hell were present from the very beginning.

SQL is kind of shitty, but the relational database model is so great that it makes up for it. And until the rise of entity component systems, SQLite, PostgreSQL, and MariaDB, all the decent implementations were proprietary software. Separately, although SQL's implementation of transactions is even more broken than its implementation of the relational model, transactional concurrency is also great enough to make up for SQL, and, again, all the usable implementations used to be proprietary.

aleph_minus_one · 1h ago
> From 01979 until about 02000, Oracle's RDBMS software was probably the best in the world, and definitely better than the free-software alternatives like Postgres. [...] For several years after that, it was still the best database for some purposes.

Which RDBMS software has/have become the best in the world after that?

kragen · 58m ago
I don't know. Oracle was written to run on a VAXCluster with a shared disk with a seek time in the tens of milliseconds, and things like Postgres are kind of architected for that world. The world has changed a lot. Anything you could fit on disk in 02000 fits in RAM today, most of our programmable computing power is in GPUs instead of CPUs, website workloads are insanely read-heavy (favoring materialized views and readslave farms), SSDs can commit transactions durably in 0.1ms and support random reads while imposing heavy penalties on nonsequential writes, and spinning up ten thousand AWS Lambda functions to process a query in parallel is now a reasonable thing to do.

I think you could make reasonable arguments for SQLite, Postgres, MariaDB, Impala, Hive, HSQLDB, SPARK, Drill, or even Numpy, TensorFlow, or Unity's ECS, though those last few lack the "internal representation independence" so central to Codd's conception.

cerved · 1h ago
Postgres presumably
aleph_minus_one · 37m ago
As far as I am aware (I may be wrong, or things have changed in the last years) Postgres still is is worse in horizontal scaling than Oracle and Microsoft SQL Server (and likely also DB2).
kragen · 36m ago
Maybe, but I think MariaDB beats all of them at that.

Also, though, horizontal scaling is a lot less important now than it was 20 or 30 years ago. https://www.servethehome.com/2025-server-starting-point-inte... says AMD has 192 cores per socket, and you can get two-socket motherboards, so 384 cores total. And you can stick 12 128GiB DDR5-6400 DIMMs in it, so 1.5 tebibytes of RAM, and a single SSD is 30 terabytes, and SSDs can commit a transaction group durably in typically 0.1 milliseconds. And those 384 cores (EPYC 9005, so Zen 5c, https://www.servethehome.com/amd-epyc-9005-turin-turns-trans...) are 2.25GHz and typically about 2.2 instructions per clock (https://chipsandcheese.com/p/zen-5-variants-and-more-clock-f...), and they support AVX512.

As one rough estimate, 2.25GHz with AVX512 (at 1 IPC) means you can do 36 billion column-oriented 32-bit integer operations per core per second, which with 384 cores means 13 trillion 32-bit integer operations per core per second. On one server. So if you have a query that needs to do a linear scan of a column in a 13-million-row table, the query might take 300μs, but you should be able to do a million of them per second. Normally you index your tables so that most queries don't need to do such inefficient things, though.

So, if you need more than one server for your database, it's probably because it's tens or hundreds of terabytes, or because you're handling tens of millions of queries per second, or because your database software is designed for spinning rust. Spinning rust is still the best way to store large databases, but now the cutoff for "large" is approaching the petabyte scale.

Narciss · 1h ago
This may be a setup but I gotta ask…why the preceding 0 in 01979 and 02000?
tombert · 3h ago
I don’t love Oracle, but GraalVM is pretty cool. That and the vanilla JVM keeps getting updates.
ternaryoperator · 3h ago
They've done a ton of stuff with Java, including open-sourcing it in its entirety.
jennyholzer · 3h ago
Everyone uses “JavaScript” to describe a language.

Oracle is a parasite.

Fogest · 1h ago
Honestly, I had no idea JavaScript was even a trademarked name. I've always just assumed it's the name of a programming language and had no idea it had anything to do with Oracle.

I guess I don't feel bad not knowing this though, as the language really does have nothing to do with the company it's insane that they even hold a trademark for it.

Waterluvian · 3h ago
Aren’t there laws about this? Where “Kleenex” becomes so universally }}]%^* )!;&
WD-42 · 2h ago
Pretty sure that’s what the whole suit is about.
tialaramex · 2h ago
No.

You're probably thinking of Genericisation. This isn't a law in the sense you probably mean, there is no statute about it, no legislature wrote it, nobody signed anything. Instead Genericisation is a legal doctrine related to the core idea in trademark law that we can't have exclusive use of descriptive marks.

Suppose you make a Big Car and you try to trademark "Big Car" as your exclusive mark for this new product. That's just describing the car, it's generic so you can't do that, it's OK to trademark "Giganticar" or "Waterluvian Car" or something because people can describe what their similar product is with the words "big car" but if you were allowed to own "Big Car" they can't do that.

Genericisation says well, if your product is so successful that now everybody knows what a "Waterluvian" is, and most people shown a new big car from say, Ford, say "Waterluvian" so that even Ford's sales people struggle to teach the guys on the forecourt not to call this a "Waterluvian" - that's now a generic term, you can't stop Ford just saying they're making a Waterluvian.

Genericisation only applies for crazy famous stuff. Kleenex is an example because your mom knows what a kleenex is, the guy who mows your lawn knows, Elon Musk knows, everybody knows, that's actually famous. Javascript probably wouldn't meet that requirement. My mother does not know what Javascript is, my boss does, because he's a software engineer, and maybe the average numerate graduate knows, but I wouldn't bet a lot of money on it.

Dilution is a related idea, also for very famous things. Dilution says for these famous things it's not OK to use the famous mark for any other purpose even though it's not related. So Disney toilet paper isn't OK, Coca-Cola brand vibrators, not OK, and so on. Nobody thinks the vibrator is a beverage, but Coke is so famous that doesn't matter. That doesn't impact here either.

90s_dev · 2h ago
Animal Well has an item called "flying disc" or something since Frisbee is TM.

To google something has for decades for millenials meant search online in any way.

Trademark law is dumb and inconvenient. Only people owning trademarks disagree.

But so are many other laws. We all just have to follow them all anyway.

sokoloff · 1h ago
Trademark law is what allows me as a consumer to buy a Coke and know I’ll get a Coke.

I find that convenient, despite owning no trademarks.

Waterluvian · 1h ago
The benefits are so easily taken for granted as just being normal parts of life.

Just like how we take for granted that you can count on your food label not lying to you and your food not having dangerous ingredients, with proper inspections and such.

nailer · 3h ago
If Oracle win we rename the language JS. JS stands for nothing.
throwawayoldie · 3h ago
How about OS, where the "S" now stands for "sucks", and the meaning of the "O" is left as an exercise for the reader.
aleph_minus_one · 1h ago
This will cause confusion with OS for "Open Source".
brian-armstrong · 2h ago
We can just start calling it by its full Christian name, Eczemascript
jm4 · 1h ago
How about douche-named-Larry-script. Take a page out of Apple’s playbook when they used the code name Butthead Astronomer.

https://www.engadget.com/2014-02-26-when-carl-sagan-sued-app...

AlienRobot · 2h ago
No, we rename Javascript to Typelessscript.
magicalhippo · 2h ago
.Net compiles to it's IL and who writes raw JavaScript these days anyway, so just call it JSIL.
pavlov · 2h ago
Typescript--
moritzwarhier · 3h ago
Deno should start a campaign with the slogan "Did you know that JavaScript has nothing to do with Java? (except for court trials)"

I'd donate.

twoodfin · 1h ago
I don’t mean to be pedantic, but beyond the deliberate syntactic echoes, JavaScript and Java were the first two languages with (incompatible!) object-oriented data models enforced by the runtime to achieve widespread adoption with longevity (sorry, Smalltalk!)

Python was invented earlier, but didn’t see wide use until later.

And that they were both massively accelerated by the level of interest in the early WWW is undeniable. No other general purpose languages can say that except perhaps Perl, and it slowly burned out.

johannes1234321 · 1h ago
Well, the models were in so far compatible as that JavaScript could access them to some degree from applets. Which is why they picked the name ...
moritzwarhier · 1h ago
Interesting point, but I'm not able to judge the trutfulness.

So the JVM has a runtime-enforced nominal type system (and object model) with classes.

But JS, to my knowledge, only has primitive types enforced at runtime, and no nomimal class system, unless you basically implement it yourself?

Uh, edit: maybe I get you now, it does have that in a way. But prototype identity and "instanceof" are rarely used in practise.

Maybe I'm missing your point here. Answering at late local time.

It would be so great to have a nominal type system in the browser though.

So many JS librarlies have their own version of it, and it causes insufferable headaches when combined with TypeScript.

Like, they use complicated hacks to make sure that their library objects are not structurall/duck typed.

twoodfin · 56m ago
classes != objects

Yes, the typing and semantic models are wildly different. The point is that they’re primitive in a way that the other widespread alternative, C++, did not inherit from its Cfront heritage.

adamredwoods · 3h ago
bangaladore · 2h ago
Hugged to death on my end
pikuseru · 1h ago
Can I invent a language called Larry Ellison Script and trademark it
binarymax · 28m ago
IANAL. But yes I think we can.
spullara · 1h ago
my guess is that they feel there is risk in releasing the javascript trademark to the java trademark.
bobajeff · 3h ago
This is one of the things that makes me believe that humanity has just about run it's course.
Hilift · 45m ago
Imagine toiling all those years to make J* products usable, only to have Larry Ellison bigfoot everything.
mbStavola · 3h ago
Looking at the reasoning[0]:

  > To plead a claim of fraud, petitioner must plead that: (1) respondent made a false representation to the USPTO; (2) respondent had knowledge of the falsity of the representation; (3) the false representation was material to the continued registration of the mark, and (4) respondent made the representation with the intent to deceive the USPTO.

  > A claim of fraud must set forth all elements of the claim with a heightened degree of particularity [...] Indeed, “the pleadings [must] contain explicit rather than implied expressions of the circumstances constituting the fraud.” In addition, intent to deceive the USPTO is a specific element of a fraud claim, and must be sufficiently pleaded

  > Essentially, Petitioner’s theory of fraud is based on allegations that the specimen of use submitted with Respondent’s maintenance documents do not show use by the proper party. It is well-settled that the proper ground for cancellation is the underlying question of whether the mark was in use in commerce, not the adequacy of the specimens [...] the insufficiency of the specimens, per se, does not constitute grounds for cancellation; the proper ground for cancellation is that the term has not been used as a mark
From what I understand, TTAB is stating that simply showing that Oracle improperly submitting Node.js as a use of mark does not constitute fraud because the intent to deceive was not explicit. It's a bit frustrating because if its not _fradulent_ the only thing I am left to believe is that they were _negligent_.

To file for a mark or renewal of a mark and claim ownership of something you do not own is insane. It's not like this is a 5 second process or that there isn't a lot of money riding on this-- this sort of thing is super serious and incredibly important! You're telling me no one at Oracle or their counsel was able to catch this in review before filing? As far as I can tell, in the renewal for the mark[1], Node.js was the sole specimen provided as an example of mark use! Come on...

EDIT: Sorry, correction, they have three specimens attached to the renewal, two of which seem to be the same. Clearly an insurmountable amount of work and too complicated to validate.

[0]: https://ttabvue.uspto.gov/ttabvue/v?pno=92086835&pty=CAN&eno...

[1]: https://tsdr.uspto.gov/documentviewer?caseId=sn75026640&docI...

moralestapia · 2h ago
I might not be popular for this but JavaScript is indeed a trademark which Oracle rightfully owns these days. This is fair play.

However, I do believe the word has been diluted and genericized and hope the USPTO chooses to release it.

A good argument to avoid losing a trademark to genericization is to show that there is an actual generic term that overlaps with the trademark, but then the trademark is not the generic term itself.

Examples:

Nintendo → Video Game Console

Post-it → Sticky Note

Xerox → Photocopy

etc ...

In the case of JavaScript, there's no generic term to allude to; JavaScript is the generic term, which might weigh towards the argument of genericization.

mmastrac · 2h ago
> JavaScript is indeed a trademark which Oracle rightfully owns these days

Err, that's not a given by any stretch. This is exactly what the suit is trying to prove. They are not a rightful holder of the trademark. They've failed to show use in commerce, and one of their examples of use was someone else's.

moralestapia · 2h ago
But it is an Oracle trademark, [1].

And here's one (trivial, but valid) use of it [2].

I'm sure Ellison lawyer's can come up with thousands of examples of JavaScript being used within the context of Oracle's business activities.

The way to go is fight for genericization (or start calling it ECMAScript, lmao).

1: https://tsdr.uspto.gov/#caseNumber=75026640&caseSearchType=U...

2: https://docs.oracle.com/en/database/oracle/oracle-database/2...

aDyslecticCrow · 1m ago
That 2nd example is a pretty bad example of JavaScript being used as a Oracle trademark.

Id argue the opposite. The wording makes no reference to oracles ownership of the product or name that is JavaScript. And ECMA is reffered to as the "maker" of the standard.

If anything, this is an example by Oracle themselves using the trademark in a generic context.

Its like cocacola calling themselves "a producer of fanta" and referring to a the food and drug administration to define what that means.

I doubt the writer of that doc was aware that Oracle owns the JavaScript trademark.

vips7L · 1h ago
Oracle develops, maintains, and sells 2 different JavaScript runtimes. They’re definitely using it.
nkrisc · 2h ago
These (along with Kleenex) are common examples of genericization, yet I assume through diligence on the part of those brands, I hear and see the actual generic terms used far more frequently. For example, I've never heard anyone under the age of 70 (by now) use "Nintendo" to mean any video game console. "Sticky note", "photocopy", and "tissue" are terms I personally hear used much more frequently than "Post-it", "Xerox", or "Kleenex", respectively.

But for "JavaScript"? What else is there? "JS"?

Edit: I guess there's "ECMAScript", but who actually says that (aside when they legally need to)?

charcircuit · 1h ago
I've only heard Xerox be used like that once in my life. I was so confused what a company that invented the mouse had to do with what the person was talking about.
charcircuit · 3h ago
>Everyone uses “JavaScript” to describe a language—not a brand.

It can be both.

>Everyone knows JavaScript isn’t an Oracle product

But older people should know that it was a Sun product and Oracle bought Sun.

Edit: Sun actually only licensed the name. But in the renewal it points to an Oracle product called Oracle JavaScript Extention Toolkit.

https://tsdr.uspto.gov/documentviewer?caseId=sn75026640&docI...

sockmeistr · 3h ago
But it was never a Sun product? Java was a Sun product, giving JavaScript a name with "Java" in it was the mistake that created this whole mess.
fc417fc802 · 2h ago
Rename it GoScript this time around.
mosdl · 2h ago
It was livescript originally.
scosman · 3h ago
Java is a Sun product, but Java has nothing to do with Javascript except a confusing name overlap.

Javascript was written at Netscape.

ndiddy · 57m ago
The JavaScript name came out of a cross-licensing deal between Netscape and Sun where Netscape would bundle a copy of the JVM with their browser. Sun needed a way to put the JVM on most Windows users' computers to get developers to write Java software instead of Windows software, and they knew Microsoft wouldn't ship a product that would threaten the Windows platform's domination, so they figured that bundling with Netscape was their next best option. If you read the initial JavaScript press release ( https://www.tech-insider.org/java/research/1995/1204.html ), it's mainly marketed as a way to write glue code to make it possible for Java applets (where the real application logic would go) to interact with an HTML page:

> With JavaScript, an HTML page might contain an intelligent form that performs loan payment or currency exchange calculations right on the client in response to user input. A multimedia weather forecast applet written in Java can be scripted by JavaScript to display appropriate images and sounds based on the current weather readings in a region. A server-side JavaScript script might pull data out of a relational database and format it in HTML on the fly. A page might contain JavaScript scripts that run on both the client and the server. On the server, the scripts might dynamically compose and format HTML content based on user preferences stored in a relational database, and on the client, the scripts would glue together an assortment of Java applets and HTML form elements into a live interactive user interface for specifying a net-wide search for information.

> Java programs and JavaScript scripts are designed to run on both clients and servers, with JavaScript scripts used to modify the properties and behavior of Java objects, so the range of live online applications that dynamically present information to and interact with users over enterprise networks or the Internet is virtually unlimited. Netscape will support Java and JavaScript in client and server products as well as programming tools and applications to make this vision a reality.

> "Programmers have been overwhelmingly enthusiastic about Java because it was designed from the ground up for the Internet. JavaScript is a natural fit, since it's also designed for the Internet and Unicode-based worldwide use," said Bill Joy, co-founder and vice president of research at Sun. "JavaScript will be the most effective method to connect HTML-based content to Java applets."

This was all implemented, and Java applets had full interoperability with JavaScript. Applets could call JavaScript functions, and JavaScript functions could call applet methods. Of course over time people gave up on Java applets and JavaScript became a good enough language to write real application logic directly in it. It's true that JavaScript now has virtually nothing to do with Java, but that wasn't the case initially, and the name has at least some logic behind it.

nailer · 3h ago
No. I was around then and nobody thought of JS as a Sun product.
adolph · 2h ago
I'm trying to imagine the alternative history where James Gosling was given several days to develop a workable in-browser scripting language instead of Brendan Eich.
zeroCalories · 3h ago
This seems like such a pain in the ass to fight. Why not just rename the language? Most people are done with js anyway and just use ts.
jenadine · 3h ago
Btw, The language is called ECMAScript
mmastrac · 2h ago
Literally nobody, outside of formal documents and perhaps pedants, uses that catastrophe of a name.
ajkjk · 2h ago
no it's not, that's a bureaucratic hoop-jump
runarberg · 1h ago
If you are gonna change the name to anything, change it to js. But also, don’t change the name of the language, especially not to ECMAScript.
echelon · 2h ago
Does everyone else pronounce that as "eczema script", too?
wiseowise · 2h ago
"EnemaScript"
throwawayoldie · 3h ago
I'd like to believe that most people have switched over to TS but I wouldn't count on it until I've seen the numbers, which I am currently too lazy to look up.
oceansky · 2h ago
"We're now firmly in the TypeScript era. 67% of respondents stated they write more TypeScript than JavaScript code – while the single largest group consisted of people who only write TypeScript."

https://2024.stateofjs.com/en-US/usage/

alberth · 3h ago
> a screenshot of the Node.js website to show use of the “JavaScript” trademark. As the creator of Node.js, I find that especially offensive.

There is some irony in that Ryan isn’t acknowledging Node.js own trademark in his post, given that he was the person who announced the Node.js trademark.

https://nodejs.org/en/blog/uncategorized/trademark

So he wants Node.js trademark to be acknowledged, but doesn’t acknowledge it himself.

Oracle wants the JavaScript trademark acknowledged, and he doesn’t want to acknowledge that either.

This all seems very silly to me.

ray023 · 3h ago
"Don't knowledge it" because he did not put a stupid TM sign in every blog posts he writes mentioning Node.js is a stretch.
alberth · 3h ago
There’s no acknowledgment of Node.js trademark on Deno.com … and the landing page is largely about how much better Deno is over Node.js.

Of all places to put trademark acknowledgement, it’d be there - and it’s missing.

https://deno.com/

No comments yet

Someone1234 · 3h ago
I feel like misplaced criticism.

Javascript has become such a ubiquitous term that its copyright status is increasingly tenuous. Node.js by contrast has no such problem, yet. Most of the industry supports this initiative, and dumping on the people willing to invest the time and money to fix it once and for all, over seemingly irrelevant things feels petty.

torstenvl · 1h ago
Trademark is not copyright.
nosefurhairdo · 3h ago
Ryan's post explaining the decision to trademark node seems pretty reasonable to me. Does Oracle have a similarly credible justification for maintaining the JavaScript trademark?
fredfish · 1h ago
AFAIK Sun gave Netscape free use of the JavaScript Trademark purely to side with Netscape against Microsoft in the browser wars, language wars, etc. I would think there is still something related to the original agreement.

It looks like JScript is still trademarked by Microsoft, why not ask them to do whatever the community thinks is right for ECMAScript names and then we can all refer to the language a little faster?

flkenosad · 3h ago
Node is about to become irrelevant. As soon as Microsoft ships TypeScript 7.
cakoose · 3h ago
Why will TypeScript 7 make Node.js irrelevant?

In TypeScript 7, the compiler will be written in Go instead of TS. But the compiler will still produce JS code as its output and so Node.js is still relevant for running that JS code.

Or is there something else about TypeScript 7 that will make Node.js irrelevant?

cluckindan · 3h ago
How does a 10x faster TS to JS compiler make a JS runtime irrelevant?
roman_soldier · 3h ago
Typescript 7 is not a replacement for node, it is a language spec and compiler, but Bun _could_ be the preferred choice for dev using a Javascript runtime.
rockwotj · 3h ago
Can you elaborate? Are you conflating node and javascript?
wiseowise · 2h ago
You made a fool of yourself.