PENNY BROWN ROBERTS (The Advocate, 12/27/2005)

Emily Mayo of Baton Rouge is taking one of the world's biggest computer makers to court - over some scratches.

Mayo claims the abrasions have snuffed the life from her iPod nano, and is suing Apple Computer in Baton Rouge federal court, alleging its popular petite digital music player's design is knowingly flawed.

The class-action lawsuit claims the nanos, which sell for $199 or more, scratch excessively with normal usage, rendering their full-color display screens unreadable. Without the navigational menus on the screen, users can't make the device work.

"Apple marketed the nano - because it's small and streamlined - to be used in outdoor activities and athletic activities," said her lawyer, Philip Bohrer. "But these devices are not designed to withstand even routine use.

There's a flaw in the design that needs to be changed."

Disgruntled customers have filed a total of five similar class-action lawsuits in California, New York and New Jersey.

The iPod line has been a major success for Apple.

It shipped nearly 6.5 million of them in its fourth quarter this year, up 220 percent from the same time a year ago. A recent company financial statement credits the players with helping boost revenue and earnings to record levels. NANO

Some 1 million nanos were sold in the first 17 days the player was on the market, Apple reports. The gadgets were among the top-selling electronic items for online retailer Amazon.com the day after Thanksgiving; Best Buy sold out.

Nanos store up to 1,000 songs, podcasts and audiobooks or hold up to 25,000 photographs, depending on the model. They also carry calendar, contacts and to-do list files.

When Apple launched the nano in September, CEO Steven Jobs introduced the featherweight, pencil-thin gadget - hawked as "impossibly small" - by pulling it from his pocket.

Since then, frustrated customers have peppered the Internet with complaints that toting the nano in that fashion scratches or cracks the LCD screen that displays menus and navigation prompts, sometimes just hours or days after purchase.

Apple did not respond to a request for an interview last week.

In a memorandum seeking to consolidate all six federal class-actions and transfer them to the Northern District of California, where Apple is based, lawyer Penelope Preovolos said the company "denies that the iPod nano scratches excessively absent user abuse. The iPod nano is an extraordinarily popular and successful product and is free of defects."

Mayo, who bought her nano right after they hit the shelves, contends in the lawsuit that she and other Louisiana owners "are now forced to purchase products to protect their nanos from excessive scratching."

Among the accessories Apple sells for the iPod nano are "tubes" - protective silicone cases in neon colors - and armbands. Each costs $29.

Mayo's lawsuit claims Apple violated the Louisiana Products Liability Act, which protects against the sale of defective merchandise. The suit seeks unspecified damages and legal fees.

Bohrer could not say how many Louisiana nano owners might be part of the class action, but estimates it "could be tens of thousands."

Scratches or not, nano sales in Baton Rouge don't appear to be at all damaged.

At a display counter of portable digital players inside the Best Buy near the Mall of Louisiana, it was a tiny charcoal nano that drew the most admirers Monday afternoon.

Derek Williamson, a 26-year-old Baton Rouge telecommunications supervisor, put on a set of headphones. With his thumb, he started spinning the trademark Click Wheel, a dial on iPods that performs the functions of a computer mouse.

"As far as I can tell, the scratches are just from handling," said Williamson, who bought another version of iPod two months ago. "Any product can be scratched. That's just the way it is."

Kristi Gonsoulin has wanted a nano for her workouts since Jobs pulled the first one from his pocket - and still does, even after hearing about the lawsuit.

The 22-year-old Lafayette hairdresser's theory is that the nano, much like cell phones, are much safer in a protective case. All of her nano-toting pals have them.

"I guess it can't be that big of a problem," Gonsoulin said, looking wistfully at the player she's coveted for months. "They're sold out."

iPod Nano facts

What's a nano?
A featherweight, pencil-thin digital music player in the popular Apple Computer iPod line that sells for $199 or more.

What's the claim?
A class-action lawsuit filed in Louisiana alleges the gadgets scratch with normal usage, rendering their full-color display scratch with normal usage, rendering their full-color display screens unreadable.