There has been a widespread adoption of notch design trend ever since Apple introduced one with its tenth-anniversary special iPhone X in 2017. And ever since then, smartphone makers from all around the world have gone haywire with announcing notched display smartphones throughout 2018. Many users like the notch while some users clearly don’t. Whatever the case may be, we had never heard about a notch hater up until now who has gone to an extent of suing the company.
According to Business Insider’s report, a California-based woman named Courtney Davis has filed a class-action lawsuit against Apple, accusing the company of false marketing. Well, in terms of marketing, Apple doesn't seem to have exaggerated or claimed something that isn’t true. But as ironic as it may sound, this case is more about hiding something rather than exaggerating one.
According to her complaint, little did she know that the device had a notch when she pre-ordered the phone, courtesy of the marketing images. And Apple couldn't have possibly thought that this is something that would get them in a legal trouble.
This is what the complaint reads in parts:
"Images that disguise the missing pixels on the Products' screens are prominent on the 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."
If you look at the marketing images of Apple iPhone XS and XS Max, the company seems to have this tendency of using a black background on their marketing images (including the one its homepage) where the notch is less visible. Check out this screenshot from Apple’s official website homepage:
While there is uncertainty whether this class-action lawsuit will be successful, this is certainly the first time marketing images have been found responsible to get Apple in a legal tension.