Figma sues Singapore rival for copyright infringement

FIGMA, a US-based cloud design software firm, is suing its Singapore-headquartered rival Motiff for copyright infringement in the city-state. The case’s outcome could throw Motiff – a startup that was established just over two years ago – off its brief growth trajectory.

In a statement to Tech in Asia, a Motiff spokesperson said these accusations were “unfounded” and rejected any suggestions that it had copied Figma’s source code. “Our code was developed in-house and independently of other organisations,” the spokesperson added.

The case conference – a closed-door hearing that takes place before a trial where matters like witness details, confidentiality orders, and documents to be produced are discussed – was held yesterday at the Singapore High Court.

Like Figma, Motiff offers collaborative UI/UX design tools for product teams and software developers to build digital products. Unveiled in June, its AI-powered product costs US$4 and US$15 a month, respectively, for a professional and organisation set-up.

In comparison, Figma charges US$15 and US$45 for an equivalent plan.

Millions of dollars could be at stake with this case. As recently as December 2023, Figma was reportedly set to end the year with over US$600 million in annual recurring revenue. The company says its collaboration software has been used by “millions of users,” including companies like Netflix, Airbnb, and Zoom, as per the court documents reviewed by Tech in Asia.

The Singapore lawsuit comes after Figma sued Motiff in the US earlier this year. In September, Figma lodged a complaint with the US District Court for the Northern District of California, accusing Motiff and two linked China-based entities of copyright infringement and breach of contract.

However, it’s unclear how far its lawsuit in the US has progressed.

In an email to Tech in Asia, Figma confirmed that it has sued Motiff in the US and Singapore, but it did not comment further as the cases are ongoing.

The allegations

Central to the claims in both lawsuits is how Figma’s source code was allegedly copied by Motiff for its AI-powered UI/UX design tool.

Figma’s offerings include a collaborative online whiteboard tool, a presentation tool, and a workspace that enables a software developer to translate a design file into software code.

According to Singapore court filings seen by Tech in Asia, Motiff has been accused of reproducing “whole or substantial” portions of Figma’s source code, among other claims. Motiff had also allegedly copied Figma’s user interface and web articles from its help centre.

In the US court documents, Figma claims that Motiff’s product doesn’t merely “share similar interfaces and commands,” but it “performs identically” to prior versions of Figma Design and the Figma Platform.

Apart from citing “identical quirks” and idiosyncrasies in both firms’ software code, Figma also alleges that Motiff copied decisions such as how error messages are presented and instructions are phrased. Figma’s suit notes similarities between both products as well, including “identical strings, bugs, and other unique implementation details.”

In its Singapore case, Figma pointed out that by being a customer, Motiff had agreed to the former’s master services agreement.

Motiff and/or its employees created user accounts with Figma, which binds them to the firm’s master subscription agreement. Under the agreement, customers agree not to reverse engineer, disassemble or attempt to discover Figma’s source code and other algorithms relevant to its platform.

Motiff claims it does not have access to the source code of Figma’s program, as per court filings reviewed by Tech in Asia.

Motiff also denies reproducing this component in its product, pointing out that its features, designs, and functionalities were developed “independently without reference to and/or copying of the source code of Figma’s program.”

In its defence, Motiff says it “did not impermissibly copy” Figma’s product – whether through reverse engineering methods or otherwise – in the manner Figma claims. Motiff is also challenging Figma’s ownership of copyright in elements such as its user interfaces.

Motiff’s co-founders have publicly stated how its product was partly inspired by Figma. In a June blog post announcing the product launch, Motiff co-founders Max Zhang and Ryan Zhang said they “owe a debt of gratitude to Figma for paving the way.” Motiff’s product and tech team has “benefitted immensely” from Figma’s blog shares, they added.

The lawsuit, however, claims that Motiff’s product was “impermissibly reverse engineered” from Figma’s products. The US-based company also alleges that Motiff had “misappropriated significant portions of Figma’s proprietary code.”

What happens next?

The legal battle could be a long-drawn one spanning months if not years, and could prove costly.

In the US, Figma is seeking compensation of US$75,000 and above. Figma’s lawsuit in Singapore doesn’t specify how much it is seeking in damages.

In its statement to Tech in Asia, Motiff said it has “great respect for intellectual property rights” and that it is committed to protecting its rights and interests through “appropriate legal channels.”

“We will be vigorously contesting Figma’s claims of intellectual property infringement,” the Motiff spokesperson added. TECH IN ASIA