iPod Nano owners filed a class-action lawsuit against Apple Computer this week, saying they want their money back and a share of Nano profits because its screen is scratch-prone.

The complaint, filed in the US District Court in the Northern District of California in San Jose, was filed on behalf of Nano owner Jason Tomczak but derives much of its argument around the complaints that began popping up on Apple-related blogs and message boards in late September.

The lawsuit charges screens on the pencil-thin, flash-based digital audio players “scratch excessively during normal usage, rendering the screen on the Nanos unreadable."

As a result, the complaint says, Apple violated state consumer protection statutes and warranty statutes and caused Tomczak and other Nano owners to "incur loss of use and monetary damages” because the screens needed to be repaired or replaced.

The suit was filed by attorneys with Hagens Berman Sobol Shapiro in Seattle and Columbus, Ohio-based David P. Meyer & Associates.

The complaints about a scratch-prone screen began soon after the Nano was unveiled as the replacement for the iPod Mini on September 7. One Nano owner, Matthew Peterson, taking his protest public by setting up a now-defunct Web site to collect photos of damaged iPods, www.flawedmusicplayer.com.

But after Apple acknowledged that the broken screens were due to a "vendor quality issue" and that customers who had broken screens could receive replacement screens, Peterson said he was satisfied.

He took down his site after posting, "For me personally this issue is over. I started the site to get Apple’s attention. Mission accomplished.”

But the complaints festered, with many Nano owners claiming they were asked to pay return fees if they sought to return their scratched Nano players.

Others said that Apple should have recalled all Nanos that were made with the defective screens. The lawsuit specifically makes that claim, saying Apple allowed customers to "purchase the defectively designed Nanos and passed the expense, hassle, frustration of replacing the defectively designed Nano along" to Nano owners.

The lawsuit alleges Tomczak rubbed a paper towel on his Nano’s screen and “that alone left significant scratches.”

The complaint specifically cites the image used by Apple of the Nano being removed from a small pants pocket.

"If users were to put their Nanos in their pockets with common items such as coins, keys, a money clip, a credit card, or even the earphones that accompany the Nanos, the devices would likely be scratched so badly that viewing the screen would be extremely difficult, if not impossible."

At press time, Apple had not returned a phone call for comment.

The case did not appear to have a major impact on Apple's stock, as shares had dipped only 43 cents on the day to $55.71.

Apple sells a two-gigabyte version of the iPod Nano for $199 and a four-gigabyte model for $249. The company’s iPod line commands roughly 75 percent of the digital music player market.