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.
> 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.
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.
I don’t think that matters in the context of the JavaScript trademark. Within the context of the trademark Oracle does have business developing and selling JavaScript.
Yep, and it now features as a supported language in their latest database version.
That might be another reason they continue to protect the trademark.
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)?
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.
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.