Apple with the iPhone X from last year has started embracing the notch and it is one of the core element of the phone as it packs the TrueDepth camera, Face ID sensors. With the iPhone XS/XS Max marketing, the notch blends into the black background wallpaper in many of the promotional images and on the front page of its website.
Now, this smart marketing is leading problems to Apple as a woman is suing the company as those images are misleading. In a complaint filed in the Northern District of California, Courtney Davis’ lawyers accuse Apple of designing its advertising to obscure the notch, leading Davis to believe that the iPhone XS Max she pre-ordered wouldn’t actually come with a notch.
The complaint also claims that Apple shouldn’t count pixels on the corners of the device in its advertising, because they are rounded off. The lawsuit is seeking class-action status, as well as damages from Apple. It may be years before there are any substantial developments one way or the other. As expected, Apple didn’t immediately respond to a request for comment.
The complaint reads:
Images that disguise the missing pixels on the Products’ screens are prominent on Defendant’s website, as well as in the advertisements of retailers who sell the products. These images were relied on by Plaintiff DAVIS, who believed that the iPhone XS and XS Max would not have a notch at the top of the phone.