[비즈한국] Toss Securities' Web Trading System (WTS) has been swept up in a plagiarism controversy immediately upon its official launch. This follows legal action taken by KB Securities against Toss Securities, alleging that the latter "copied its WTS." KB Securities stated that its actions are aimed at ensuring fair competition, adding, "We ask that they use a design unique to Toss Securities." Amidst frequent plagiarism disputes in the financial sector, all eyes are now on the outcome of this WTS design battle.
KB Securities recently filed for an injunction against Toss Securities for unfair competition. The claim is that Toss Securities' WTS, 'Toss Securities PC,' shares many similarities with KB Securities' WTS, 'M-able Wide.' A WTS is a platform that allows users to trade stocks directly on the web without the need for installation, like a Home Trading System (HTS) or an app, and can be used on devices such as PCs and tablets.
KB Securities began its WTS service on October 31, 2023, while Toss Securities officially launched its service on July 18 of this year following a trial run in May. While it is reported that KB Securities filed for the injunction on July 15, a representative from Toss Securities stated on the 24th, "We have not yet received the complaint, so it is difficult to provide a position."
It has not been confirmed whether the purpose of KB Securities' injunction request is to halt the operation of Toss Securities' WTS. However, KB Securities responded, "We wish to obtain a court ruling regarding the fact that another company is providing services using UI/UX that we built through significant investment and effort," adding, "If Toss Securities provides services using its own UI/UX, there would be no issue. Our goal is fair competition to expand the WTS market."
In fact, a look at the WTS platforms of both KB Securities and Toss Securities reveals similarities in the composition of the main screen and the arrangement of items. On the top of both firms' initial WTS screens, domestic and international stock indices are displayed, with real-time news placed immediately below. Further down, real-time stock prices and popular items by theme are listed. When first accessed, the initial screens showing stock indices and news look strikingly similar. However, there are differences in the UI (User Interface) and UX (User Experience) design of individual content, such as trading screens for specific stocks and index graphs.
KB Securities has not filed for patents on the UI/UX design of M-able Wide. When litigation arises over alleged plagiarism without a patent, it is typically based on the Unfair Competition Prevention and Trade Secret Protection Act (Unfair Competition Prevention Act). Experts believe that if KB Securities' WTS design is not common in the industry, there is a possibility of winning the lawsuit even without a design patent.
Gong Woo-sang, a patent attorney at Gong & Yu Patent Law Firm, analyzed, "Using the results of another person's efforts for profit, or causing harm to others as a result, is considered an act of unfair competition. Since screen layout is also subject to design rights protection, the core issue will be how much differentiation KB Securities' WTS UI/UX has and how similar it is." Attorney Gong pointed out, "Because visual design is a component that influences customer acquisition, plagiarism constitutes an act of unfair competition, and if similar designs were not previously used in the industry, that could be a point of differentiation."
There are also legal precedents that prioritize industry differentiation. In 2022, the startup FutureWorks filed a damages lawsuit alleging that Musinsa's resale platform 'Soldout' plagiarized its platform 'Soldot,' but the court ruled in favor of Musinsa. While the court acknowledged a certain degree of similarity between Soldot and Soldout, it did not view it as plagiarism, citing factors such as: similar features existing in other shopping mall apps, the difficulty in proving the 'achievements' resulting from FutureWorks' investment and effort, and the fact that Soldot's content was based on implementations widely found in the internet environment.
Meanwhile, this WTS case draws attention in that it led directly to legal action, regardless of whether it is true plagiarism or not. In the financial sector, it is common for competitors or latecomers to follow when a new service is released. Even so, most plagiarism controversies have ended with tensions between the two sides, so it remains to be seen whether this lawsuit will lead to changes such as operational suspension or design overhauls.
In April 2016, there was a controversy when Kakao Securities' mobile web screen appeared similar to Naver Securities. Although Naver had even filed for design patents for its stock item page design, it did not take legal action.
In 2018, a plagiarism controversy arose between cryptocurrency exchanges. That year, Bithumb revamped its exchange app, changing the virtual asset trading window to look similar to the trading screen of Dunamu's 'Upbit.' Dunamu announced it was considering legal action, believing that Bithumb had plagiarized its app's screen composition, information provided, and layout, but investigations showed it did not actually lead to a lawsuit.
Recently, Kakao Pay Insurance protested against Samsung Fire & Marine Insurance, claiming that the "mobile enrollment screen for overseas travel insurance products copied its service," and has stated that it is considering whether to file a lawsuit based on Samsung Fire & Marine's response.
Some point out that there are many MTS platforms in the securities industry similar to Toss Securities' MTS. When Toss Securities introduced an MTS with a simple and intuitive UI/UX at its launch in March 2021, attracting young users, a trend of simplifying MTS spread among securities firms. The trading windows of many commercial MTS apps, such as Shinhan Financial's integrated app 'Super SOL' and Samsung Financial's 'Monimo,' are similar to Toss Securities' MTS. Toss Securities commented, "It has become a new industry standard," while adding, "We have not filed for any MTS-related design patents."
An industry insider noted, "Since 2021, many securities firms have released simplified versions of their MTS, configuring their screens similarly to Toss Securities' MTS. Although Toss Securities itself was also criticized for being similar to the U.S.-based Robinhood's MTS, it has essentially become the archetype for simplified MTS in Korea."