The notch has proven to be one of the most divisive smartphone design features… well, ever. And now the company that made it go mainstream is being sued over it.
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The company has been slapped with a lawsuit claiming that its promotional images for the two devices were deliberately designed to cover up the notch. Here’s a screenshot of the iPhone XS and iPhone XS Max taken from Apple’s website.
“Defendant’s advertising hides the missing pixels. Defendant advertises the screens of the iPhone XS and iPhone XS Max Products by using a color image of a planet, so that the black space left by missing pixels will blend in with the black background of the image,” the complaint reads.
“These images are used on Defendant’s website to compare the Products to other phones.”
This isn’t the first time people have raised eyebrows at Apple’s wallpaper choice for its iPhone XS promotional images.
According to the lawyers of Christian Sponchiado and Courtney Davis, who filed the complaint in the Northern District of California, Davis bought one of the new iPhones, having not realised that there was a cutout at the top of the display.
“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,” the filing continues.
“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.”
The plaintiffs have also called out Apple’s use of the tagline “It’s all screen”, saying: “Defendant falsely represents that the Product possesses a working screen area of this size by saying that it is ‘all screen’, despite the fact that it does not have this much screen space”.
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It adds that the inclusion of the notch and rounded screen corners makes Apple’s screen pixel count − 2436 x 1125 for the iPhone XS and 2688 x 1242 for the iPhone XS Max − “false”. At the time of publication, the lawsuit is pending class-action status.
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