Dear Oracle,
You have long ago abandoned the JavaScript trademark, and it is causing widespread, unwarranted confusion and disruption.
JavaScript is the world’s most popular programming language, powering websites everywhere. Yet, few of the millions who program in it realize that JavaScript is a trademark you, Oracle, control. The disconnect is glaring: JavaScript has become a general-purpose term used by countless individuals and companies, independent of any Oracle product.
Oracle’s hold on the JavaScript trademark clearly fits the legal definition of trademark abandonment. A previous blog post addressed this issue, requesting that you, Oracle, release the trademark. Unsurprisingly, the request was met with silence. It is therefore time to take active steps in order to bring the JavaScript trademark into the public domain, where it belongs.
Trademark abandonment
Title 15 of the United States Code, section 1127, states:
A mark shall be deemed to be “abandoned” if either of the following occurs: When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.
In the case of JavaScript, both criteria apply.
Netscape, Sun, Oracle
The JavaScript trademark is currently held by Oracle America, Inc. (US Serial Number: 75026640, US Registration Number: 2416017). How did this come to be?
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