Like most (or all) devices with screens, there comes a time when they might get scratched, and this is why screen protectors continue to be very popular accessories. However in the case of the Apple Watch, it seems that one owner, a 21-year old Dean Lubaki from Canada, decided that the scratches on his device warranted a lawsuit against Apple.

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In particular it seems that Lubaki took offense to Apple’s marketing campaign for the Apple Watch, in which they called the device “brilliantly scratch-resistant”. This is because according to Lubaki, he felt that the watch is anything but scratch-resistant and is actually rather susceptible to scratches.

He points of the magnetic milanese loop band which ironically enough was what caused the scratches. “The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw. Same abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch.”

He attempted to get a replacement at his Apple Store but was denied despite having purchased AppleCare. That was when he decided to go after Apple in a small claims court where he was seeking a refund for his Apple Watch Edition and AppleCare+ purchases, along with compensatory and punitive damages for “mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back.” Apple has since offered Lubaki a replacement plus a free accessory, but he has refused the offer.

Filed in Apple >Gadgets. Read more about Apple Watch, Legal, Smartwatch and Wearable Tech.

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