Website’s HTML Code, But Not Look and Feel, Protectable by Copyright Advertising is an online contextual-advertising provider.  Customers can use’s web based platform to create custom ads. registered its copyrights for its Original Results Page and its Revised Results Page.  The registrations listed HTML Code and text as the type of work created. sued competitor NetSeer for copyright infringement, alleging that NetSeer directly copied’s HTML code, including the non-functional portions of the code, and that NetSeer created its own search results page using the code it copied from  NetSeer moved for summary judgment’s copyright claims on that basis that’s copyright registrations did not contain copyrightable material.   NetSeer also moved to dismiss the complaint for failing to identify the portions of’s HTML code that NetSeer copied.

The district court ruled that’s copyright registrations contain copyrightable subject matter and are valid and denied NetSeer’s motion for summary judgment.

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