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They’d be smart to simply settle this. Those bands probably cost Apple 50 cents a piece.
Offer anyone concerned about it an exchange for a fabric band. Few people will probably take them up on it, and it will end up costing them less than a drawn out lawsuit with legal fees would.
Good. You’d have thought they would have considered this.
When I finally got one, I had to switch to a metal band that was breathable. So I avoided having one for awhile.
Even before smart watches I always replaced my watch bands with canvas bands off the rip. Breathable, durable, etc.