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April 24
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A notable design element of Apple's iPhone XS and iPhone XS Max phones is what most people call "the notch," Business Insider reported.

It's a cutout on the top of the phone's screen so that Apple can pack in the advanced cameras necessary for the FaceID facial recognition security without adding bezels around the phone's edges.

But in much of Apple's recent marketing, the notch blends into the screen because Apple displays a black background in many of the promotional images and on the front page of its website.

Now, someone is saying that those images are misleading — and she's suing over it.

In a complaint filed Friday in the Northern District of California, Courtney Davis' lawyers accused Apple of designing its advertising to obscure the notch, leading Davis to believe that the iPhone XS Max she preordered wouldn't actually come with a notch.

"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 complaint said. "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."

 

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