Company contracted with a website designer to develop company's website. After many months of work, the relationship fell apart. There was no confidentiality, non-compete, ownership of property or other agreement with respect to what could be done with the html code created for the company's website. The company eventually hired another designer to complete the site, which does not incorporate the original html code. The company has not paid for the code, and the designer has possession of the code.

1. Is the code a trade secret which would prevent the designer from using it to design a web site for a competitor company?

2. Under what circumstances can html code constitute a trade secret if used in a functional web site - Isn't the html code usually viewable anyway?

3. I'm assuming the code is not copyrightable here.

Html code is not a trade secret. It is usually specifically developed for an individual website. There is nothing secretive about html. It is just used to change fonts, colors, spacing etc.

If a company employs someone then the work that persons supplys belongs to the company so to speak, so if the company had sub-contracted a website designer, once the said company had "paid" for the service, well up to that point all the work would still belong to the company.