Finda, a fintech corporation, has warned of legal action against the commerce information service 'Openmon' and its service provider, real estate big data service company Artiewells, claiming they have misappropriated its core service 'Openup.' Openup is a commercial analysis platform that has sustained Finda's monthly active user count (MAU).
On the 11th, according to the fintech industry, Finda sent a legal notice to Artiewells the previous day. In the document, Finda claimed that Artiewells had unlawfully copied and misappropriated the idea, core components, service methods, user interface (UI)/user experience (UX), and other aspects of Openup to provide its service. Finda also pointed out that the results and expressions devised and adopted by them were also directly replicated.
Finda's claims indicate that there is a similarity in the placement of balloons (markers) on the maps of each service, where sales and the number of stores can be confirmed, as well as the arrangement of building information, estimated sales, and store lists that users can view upon clicking the markers. The notation 'N new stores' at the top of the new store marker and the portion marked in red on the buildings with the highest sales are also similar. Lastly, Finda pointed out that Artiewells adopted a name (Openmon) that is likely to be confused with Finda's service name, Openup, which has been in service for several years.
Openup is a service that analyzes 700,000 commercial districts nationwide based on over 130 million big data entries using artificial intelligence (AI). Assuming a specific industry operates in a commercial district, users can find out how much expected sales are. Finda acquired this service in 2022 and transitioned to a free service within four months of acquisition, aiming to resolve information imbalances, attracting the attention of small business owners and prospective entrepreneurs.
As of the end of last month, the number of Openup users was over 248,000, which is a 45-fold increase compared to July 2022, when Finda acquired Openup. During the same period, the MAU surged 875 times to about 128,600. Riding on the popularity of Openup, Finda expanded its existing credit loan services and entered the business loan market, which reached 450 trillion won last year.
Openmon, provided by Artiewells, also offers information about commercial districts. It is a service that provides comprehensive information, including analysis reports on commercial districts by day, age, and time for users such as certified real estate agents, franchise companies, construction companies, and developers who require commercial district information. There are similarities to Finda's Openup in that it allows users to see estimated sales figures, the number of stores, pedestrian traffic, and various information about surrounding regions at a glance.
Finda has determined that the Openmon service has substantially misappropriated a significant part of Openup and is demanding that Artiewells either cease the service operation or halt mutual usage. In contrast, Artiewells, which offers Openmon, refutes this claim, asserting that 'Openmon is being provided in a state of full compliance with legal requirements.'
Firstly, UI/UX design is a functional expression to implement service functions efficiently. The Supreme Court ruled that function-centric UI is not subject to copyright protection, and imitation of it does not constitute copyright infringement. It also pointed out that regarding trademark and brand similarity, the term 'Open' is a general term in the industry that anyone can use and cannot be the subject of trademark claims.
A representative of Artiewells stated, 'We do not believe that similarities in UI/UX, brand, and component items, as claimed by Finda, constitute infringement, and we possess complete legal operating qualifications,' adding, 'We hope for a resolution through reasonable dialogue between the two companies and expect healthy competition for mutual advancement.'