If you're arguing that JavaScript has become genericized - on the basis, presumably, that there are multiple institutions making available various implementations of JavaScript without acknowledging or licensing Oracle's trademark - I'm not sure that's correct, and typically that would only be settled in a legal case. Certainly, Google, for example, publishes V8 and describes it as a "JavaScript Engine" - and makes no trademark acknowledgement toward Oracle that I can see; if Oracle wanted to they could probably attempt to enforce their trademark rights there. Mozilla, who distribute SpiderMonkey as a "JavaScript Engine", acknowledge the trademark (though they still attribute it to Sun). Oracle's failure to continually distribute any product which makes use of their trademark might count against them, but if they wished to argue that Mozilla has continually exercised Netscape's exclusive right to use the trademark, they might be able to get a sympathetic judge to rule Google out of order for claiming V8 is 'JavaScript'. Without a legal ruling, the situation's not clearcut.