More Nano owners file Apple suit over 'design flaw'

By Simon Aughton

Posted on 8 Nov 2005 at 11:12

UK and Mexican iPod nano customers have joined a second class-action lawsuit which alleges that Apple introduced the portable music player despite knowing that it had a design flaw.

The lawsuit claims that the 'defect' is a result of a too thin layer of resin that does not provide adequate protection from scratching and that Apple chose to ignore this in an effort to speed the product to market.

Steve Berman, lead attorney for both actions, said the second lawsuit came as a result of the large number of international requests to be included in the first.

'Apple's iPod Nano has sold in record numbers around the world, just as it did in the US,' he said. 'It seems that wherever the Nano is sold, problems with the defective design soon follow.

'The far-reaching response also reveals that this is not just a small problem or a bad batch of Nanos, but a defect in the overall design that should have been rectified prior to the release.'

Apple acknowledged some problems with an early batch of the players but denied that there is a fundamental design shortcoming, although it did suggest that nano buyers should invest in a protective case.