Oracle Moves to Dismiss Fraud Allegations in JavaScript Trademark Dispute

Oracle Seeks Dismissal of Fraud Claim in JavaScript Trademark Dispute

Oracle has filed a motion to dismiss a fraud claim in an ongoing trademark dispute over its long-standing ownership of the "JAVASCRIPT" trademark. The company’s legal filing, submitted to the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB), asserts that the claim lacks sufficient legal grounds.

The dispute was initiated by Deno Land Inc., which filed a petition to cancel Oracle’s trademark registration No. 2416017, alleging fraud in the renewal process. Oracle, however, argues that Deno Land’s claim fails to meet the heightened legal standards required for fraud allegations.

🔍 Oracle’s Motion to Dismiss

Oracle’s motion, filed under Federal Rule of Civil Procedure 12(b)(6), seeks to dismiss the fraud claim on the basis that Deno Land has not provided a plausible legal argument to support its allegations.

🔹 Key Arguments in Oracle’s Filing

• Failure to Meet Fraud Standards: Oracle asserts that the petition does not provide clear and convincing evidence of fraud.
• Unchallenged Primary Specimen: The petition ignores Oracle’s primary evidence submitted for renewal, which remains valid.
• No Proof of Deceptive Intent: The filing argues that Deno Land has not demonstrated that Oracle acted with intent to deceive.
• Materiality Not Established: The petition does not prove that the USPTO relied solely on the contested evidence for renewal approval.

📌 Background of the JavaScript Trademark Dispute

Oracle has held the JAVASCRIPT trademark since at least 1996, using it in relation to developer tools, educational services, and software. The mark was officially registered on December 26, 2000, and has undergone multiple renewals, including the most recent renewal on December 26, 2019.

🔹 2019 Renewal & Fraud Allegation

• Oracle submitted two specimens for renewal:
  • Primary Specimen: Displayed the JAVASCRIPT mark in use on Oracle’s website via the JavaScript Extension Toolkit.
  • Node.js Specimen: A screenshot of the Node.js website, which Deno Land claims was fraudulent.
• Deno Land’s Claim: The company alleges that the Node.js Specimen was misleading and that Oracle knowingly submitted fraudulent evidence to the USPTO.
• Oracle’s Defense: The motion argues that the fraud claim is invalid because the Primary Specimen remains unchallenged and was sufficient for renewal.

🛡️ Legal Standards for Fraud Claims

Oracle’s motion emphasizes that fraud in trademark law requires proof of deceptive intent and material misrepresentation. Under Rule 12(b)(6), a claim must present a plausible case to proceed.

🔹 Oracle’s Key Legal Arguments

• 🚨 Fraud Must Be Pled with Particularity: The petition does not specify any false statements related to the Primary Specimen.
• 🔍 No Proof of Materiality: The USPTO did not rely exclusively on the contested specimen for approval.
• 🔑 Lack of Deceptive Intent: The petition does not demonstrate that Oracle intentionally misled the USPTO.

📅 Oracle’s Request to the TTAB

Oracle has asked the Trademark Trial and Appeal Board (TTAB) to:

• ✅ Dismiss the fraud claim with prejudice, preventing further amendments to the petition.
• ✅ Reset its response deadline for the remaining claims to at least 30 days after the Board’s decision.

📝 Conclusion

The legal battle over the JavaScript trademark continues, with Oracle pushing back against Deno Land Inc.'s fraud allegations. Oracle argues that the fraud claim lacks merit and should be dismissed outright. As the case progresses, the TTAB’s ruling on this motion will determine the next steps in this high-profile trademark dispute.