Actually I have a white iPhone 5 and I am just as upset this does not seem too be only reg the black nor does the black look worse When it scratches than the white as my partner has black so we compare. My iPhone 5 in white also came out of the box with scratches, I also had another issue it was overheating. I took it too apple for my Genius Bar appointment regarding the overheating message that continued to pop up then shut my phone off by itself and NOT the scratches. I was givin a new phone that had an issue as well, the ringer switch was stuck it wouldn't move. I came back and was givin another phone, well that's the phone I have now. Right when they handed it too me I noticed a Ding on the side of the phone as well as a buch of pits on the back where the metal is. The pits are all over the apple symbol and on parts of the metal. It looks refurbished. I requested another replacement and it was DENIED! An apple rep as well as the store manager stated "we can't replace it again for you because this is considered a cosmetic issue, we do not cover cosmetic issues under warranty" I said so if you went and bought a brand new luxury vehicle wich this in my eyes compares too, and the delivered it too you with scratches on it would you accept it. They chucled and said "scratches and normal wear N tear will happen over time so if we were to replace phones due to scratches , well we would be doing nothing else all day but just that" ok seriously I understand a year down the road but not two days I mean gosh give me a chance to enjoy my flawless phone for a while before it starts looking used. ! I'm a LOYAL apple consumer however I'm NOT happy at all... Give me your thoughts 1kendoll