Apple's new iPod nano music player may of been successful in its launch and funky design – but many users are complaining the units are defective as they scratch far too easily.

But being America (God bless 'em) people don't just write nasty e-mails or letters over there....they sue.

And yesterday iPod nano users filed a lawsuit against Apple alleging the company knew about the nano's screen issues but didn't do anything about it.

The proposed class action lawsuit filed in California says the nano scratched "excessively during normal usage" because its protective plastic resin is too thin.

"Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessively," the complaint continues.

Apple has not released any statement to the pending action, but we are more then happy to test the player out once Apple send us a nice review copy.

Which I am sure is coming any day now.