Two California men, Fred Greaves and Dave Gatley filed suit in San Diego County Superior Court. In the suit, which seeks class action status, the men claim Apple MacBook advertising promised displays capable of delivering up to 16 million colors (and 8 bits per channel). The suit states that the displays are only capable of 6 bits per channel which deliver ONLY about 262,144 colors.
The suit also alleges that Apple chastized customers for being too picky about their assessment of the quality of the display, and also told customers that they were imagining the complained about defects.
This lawsuit is an interesting blend of facts to generate sales for Apple (the number of colors) and facts which may have greater legal merit (6 bits vs 8 bits per channel). After all, who among us can actually see over 260,000 different colors let alone 16 Million?
The other aspect of this suit which contribute to how this settles out will be the assertions that Apple told customers they were too picky or they were imagining the defects. It’s one thing to not deliver on a product as promised and Apple could have complicated the problem ennormously if they denied the source of the problem and blamed customers’ perceptions and imaginations.
False advertising will always be an interesting part of business law and our trial practice.