By ByteBot
Ryan Dahl, the creator of Node.js, is suing Oracle to cancel the JavaScript trademark and release it to the public domain. The lawsuit—10 months into discovery—hit #1 on Hacker News today. Here’s the part that should make you angry: when Oracle renewed the trademark in 2019, it submitted screenshots of Node.js as “evidence of use.” Node.js is Dahl’s own creation, an MIT-licensed open source project with zero connection to Oracle. Oracle used the creator’s own work to justify keeping control of a name they barely use. That’s not just lazy—that’s potentially fraud.
The JavaScript Trademark Battle: Three Grounds for Cancellation
Dahl filed a formal cancellation petition with the US Patent and Trademark Office on November 22, 2024, after 27,000 people signed an open letter demanding Oracle release the trademark. The petition argues three grounds:
- Genericization. “JavaScript” is universally recognized as a programming language name, not an Oracle brand. ECMA International couldn’t use “JavaScript” when standardizing the language due to trademark concerns—they had to call it “ECMAScript” instead. Conferences like JSConf avoid the language’s actual name in their branding. That’s a chilling effect on an entire ecosystem.
- Abandonment. Oracle has never offered a significant product called “JavaScript” since acquiring the trademark with Sun Microsystems in 2010. Under US law (Title 15 USC §1127), a trademark is considered abandoned after three years of non-use. Trademarks exist to protect active brands, not to enable corporate rent-seeking on generic terms.
- Fraud. Oracle’s 2019 trademark renewal submitted Node.js screenshots as proof of commercial use. Using someone else’s open source project—created by the very person now suing you—as evidence of your trademark ownership is like claiming you own “Python” because people use Django. Oracle’s defense? The Node.js screenshot was “merely secondary evidence.” If their primary evidence (an obscure Oracle JET page) was sufficient, why pad it with unrelated projects?
The Node.js Screenshot: A Smoking Gun
This isn’t a technicality—it’s the core of Dahl’s case. Trademark renewal requires proof that the trademark holder actively uses the mark in commerce. Oracle submitted a screenshot from the Node.js website, a project Dahl created and released under the MIT license, as that proof. Node.js has no affiliation with Oracle. None. Oracle essentially said, “Look at this JavaScript thing we’re using commercially,” and pointed at someone else’s work.
Oracle’s response in their February 2025 motion to dismiss: “Oracle does not concede that submission of the Node.js Specimen was improper.” That’s not a defense—it’s an admission they can’t explain it. If Oracle’s own JavaScript use was substantial, they wouldn’t need to borrow credibility from Node.js. This reveals what everyone already knows: Oracle doesn’t actively use the JavaScript trademark for any meaningful commercial purpose.
Why Every Developer Should Care
If Oracle wins, the precedent is dangerous. Developers already live under legal uncertainty. One Hacker News commenter reported their coworker received a cease-and-desist letter from Oracle’s lawyers for teaching a course titled “Rust for JavaScript.” Book authors face risk using “JavaScript” in titles. Companies using “JavaScript” in product names are subject to potential enforcement. Conferences can’t use the language’s actual name without trademark concerns.
If Deno wins, “JavaScript” enters the public domain. Developers, conferences, authors, and companies can use the term freely without fear of trademark threats. More importantly, it sets a precedent: programming language names—generic terms used by millions—cannot be trademarked and hoarded by corporations that don’t even use them.
Oracle’s Pattern: They’ve Done This Before
This isn’t Oracle’s first aggressive trademark play. When Oracle donated Java EE to the Eclipse Foundation in 2017, negotiations over Java trademark usage failed. Oracle forced a complete renaming: Java EE became Jakarta EE. The javax.* package namespace was frozen forever—any new or modified APIs had to use jakarta.* instead. Conferences, specifications, and libraries across the entire Java enterprise ecosystem had to scrub “Java” from their names.
The pattern is clear: Oracle aggressively protects trademarks on generic terms they don’t actively commercialize, extracting value from communities they didn’t build. The JavaScript case follows the same playbook.
The Fight: $200K, 27,000 Signatures, and Counting
Deno launched a $200,000 fundraising campaign to cover discovery phase legal costs: professional surveys establishing “JavaScript” as a generic term, expert witness testimony from academia and industry, depositions from standards bodies like ECMA and browser vendors like Mozilla and Google, and legal filings responding to Oracle’s motions.
The campaign has heavyweight support: Brendan Eich (JavaScript’s creator), Michael Ficarra (JavaScript spec editor), Rich Harris (Svelte creator), Isaac Z. Schlueter (npm creator), and 27,000+ community members. Any surplus funds go to the OpenJS Foundation—none to Deno. This is a community effort, and it’s working. The story hit #1 on Hacker News today with 259 points and over 100 comments.
What Happens Next
The case is in discovery phase, 10 months after the formal petition. Oracle filed a motion to dismiss in February 2025—a standard stalling tactic. The community’s role is simple: spread awareness, sign the petition, and support the legal fund if you can. This fight isn’t just about JavaScript. It’s about whether corporations can squat on generic programming language names, extract legal threats from communities they didn’t create, and use fraudulent evidence to maintain control.
Oracle used Ryan Dahl’s own creation—Node.js—to justify keeping a trademark on a term that belongs to the entire developer community. If that doesn’t bother you, it should. Programming language names should never be trademarkable. The JavaScript trademark should be canceled, and this case should set the precedent that protects Python, Ruby, Rust, and every language that comes after.
The developer community built JavaScript into what it is today. Oracle just happened to acquire a trademark along with Sun Microsystems in 2010. It’s time to give the name back.
