Given the aggressive way Apple pursues its legal agenda, it should come as no surprise to the company that some customers play the game the same way. And that's what some iPod nano owners have done, in a class-action suit filed in San Jose. The suit, brought over the easily bruised nano, seeks reimbursement for the cost of the iPod and legal fees, along with a share of "unlawful or illegal profits" made by Apple through nano sales. Just a garden-variety nuisance suit? Maybe. But now that even Walt Mossberg has come down hard on the nano for scratching so easily, it might be a good idea for Apple to find a way to make this go away, rather than having it hang over the company's head during the holiday selling season.