Eminem Suit Against Apple, MTV To Proceed

Rapper contests unauthorized use of hit song.

A federal judge has ruled Eminem's copyright-infringement claims over use of his song "Lose Yourself" in a commercial for Apple Computer can go forward.

Apple featured a 10-year-old boy singing the Oscar-winning theme song to the rapper's movie "8 Mile" in an ad for the computer company's iPod music player and iTunes music service which aired on MTV.

Yesterday (May 17) in Detroit, U.S. District Judge Anna Diggs Taylor ruled that the suit brought by Eminem's publishing company can proceed against several companies, including MTV parent company Viacom and advertising agency TBWA/Chiat/Day.

Taylor threw out two state-law-based claims of unfair competition and unjust enrichment.

The ad appeared numerous times on television over three months starting in July 2003 as well as on Apple's Web site, despite the fact that the computer company had unsuccessfully sought Eminem's permission for the campaign.

Herschel Fink, a Detroit lawyer for the defendants, said no viewer would think Eminem was endorsing the iTunes service.

Eminem's lawyers say he has never nationally endorsed any product.

AP LogoCopyright 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.