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Lawsuit filed against the hide-and-seek game Apple plays with iPhone XS' notch

Lawsuit filed against the hide-and-seek game Apple plays with iPhone XS' notch

Most users already know that the iPhone XS (Max) has a notch. Nevertheless, Apple does its best to hide the notch in the display on many marketing pictures. But that is not the only thing that is criticized in a current lawsuit.

If you take a closer look at the marketing material for the iPhone XS (Max), you will notice one thing in particular: Apple has done some work to hide the notch on most images, for example using the background image. But not only that. Apple also doesn't take the details on its own website too seriously when it comes to the display size and resolution.

At least that is what Christian Sponchiado and Courtney Davis say in a lawsuit filed with the District Court of the Northern District of California. In their opinion, Apple wants users to believe that the new iPhone models have a larger display and better resolution than they really do.

apple iphone xr xs max
The iPhone XS (Max) hides the Notch, while the iPhone XR clearly shows it. / © Apple

The claim states, for example, that the display is actually only 5.6875 inches in size due to the notch and rounded corners, instead of the 5.8 inches stated by Apple. Moreover, the resolution according to the smaller display size is not as high as promised. With the iPhone XR, on the other hand, Apple clearly shows the notch on most advertising photos.

Good marketing or deliberate misleading?

Already at the presentation of iPhone XS and XS Max the promo images were discussed many times. At that time, however, this was mostly dismissed as clever marketing. For the two applicants, however, the advertising is clearly 'misleading'. Whether there will be a trial between the company from Cupertino and the Californian plaintiff duo is, however, more than questionable. You can find the complete statement of claim at Scripd.

What do you think about advertising the iPhone XS (Max)? Did Apple just do smart marketing or did it deliberately mislead potential buyers?

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  • Apple has a 14 day return policy sooo...


  • While most tech media readers avidly follow Apple and know about notches, not so sure that's true of "most users" who look at TV ads and their telco's box about the phone and buy their next one thinking it will be a bit better than the last one. The case (and possible class action for millions of buyers) will likely turn on whether a reasonable buyer is reasonably misled and the "unboxing" they didn't watch on Youtube could be a bad surprise. The wallpaper designed to hide the notch is only a famous chuckle among tech enthusiasts - millions may be buying at face value.

    (What's really puzzling me about phone marketing this year is how eggplant purple screen wallpaper has become the color du jour for just about all brands.)