Apple taken to court in Canada over scratched up Apple Watch

Apple taken to court in Canada over scratched up Apple Watch
A Canadian man is suing Apple over scratches on his ceramic Edition Apple Watch, that he claims are the result of a design flaw. The man is also accusing the company of false advertising, because the Apple Watch is being marketed as "brilliantly scratch-resistant"  on Apple's official website.

As first reported by iPhone in Canada, 21-year old Dean Lubaki, who last year bought a 42mm ceramic Edition Apple Watch with a Milanese Loop, has now filed a small claims court application against Apple. Lubaki claims that the watch band he chose has caused abrasions on the wearable, due to its back being magnetic.

"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," Lubaki explained in a letter to Apple CEO Tim Cook.

The man says that he's already tried getting a replacement from his local Apple store, where his request was denied, despite him having also purchased AppleCare+. 

According to iPhone in Canada, Lubaki has also taken offense to Apple’s marketing for the smartwatch, which includes the phrase "brilliantly scratch-resistant".

"Apple has contradictory statements on its website about the Apple Watch Edition Series 3: Apple claims it is “Brilliantly scratch-resistant” but also later on the product page, states that it has “a refined finish that won’t scratch or tarnish.

There is no clarity on what part of the said watch are resistant or won’t scratch or tarnish.

In addition to that, Apple sells the black Milanese Loop, that has “An additional diamond-like carbon (DLC) layer” and will damage the watch because of the DLC,"
Lubaki said for 9to5Mac.

Lubaki has since been contacted by Apple, who offered to replace his damaged Apple Watch, but he declined the offer, opting to pursue his court application instead.

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6 Comments

1. NateDiaz

Posts: 1084; Member since: Mar 03, 2018

What people don't realise is that scratch resistant doesn't mean scratch proof. Anything that has hardness greater than Ceramic will scratch it easily.

2. cocoy

Posts: 455; Member since: Oct 30, 2015

Did you read the article? The owner blames the strap to be the cause of scratches, a metal strap let alone unsharpened shouldn't cause any scratch on ceramic material. If you have seen Zack of jerryrigeverything you should know that. Unless that guy literally scratched it with diamond just to get some money from apple.

3. NateDiaz

Posts: 1084; Member since: Mar 03, 2018

I have watched his videos, ceramic scratches at level 8 but a sand grain is powerful enough to scratch it. Maybe it's sand that scratched it

4. DolmioMan

Posts: 314; Member since: Jan 08, 2018

It’s a problem with the Milanese loop, it has a diamond like coating which is harder than the sapphire crystal coated display. Not a lot Apple can do about it besides discontinuing the band or allowing the black colour to rub off.

5. lyndon420

Posts: 6737; Member since: Jul 11, 2012

Whatever this guy is seeking in rewards / damages... can't be much more than what the watch is worth. Apple should have offered to just give the guy back his money.

6. Xxtoxicskittlexx

Posts: 189; Member since: Jun 11, 2018

Wait.. I was told scratches or drops/spills covered by Apple Care + at the store. Why was he denied a replacement ? I was also told it can only be two replacements over two years.

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