In the TV ad, created by TBWA\Chiat\Day for Apple's pay-per-download music service iTunes, a young boy is seen with an Apple iPod singing the lyrics to 'Lose Yourself', which was the theme song to Eminem's 2002 semi-autobiographical movie hit '8 Mile'.
The suit, filed in the US District Court in Detroit, has not named a specific amount of damages being sought but says that Eminem, whose real name is Marshall Mathers, could earn more than $10m (拢5.29m) for any endorsement he did.
"Eminem has never nationally endorsed any commercial products and therefore he indicated, though his manager, that even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10m," the 15-page lawsuit says.
However, the suit says Eminem is entitled to "exemplary damages" for the use of a song that is claimed has achieved "iconic stature" among rap fans.
According to the suit: "At no time did Apple, Chiat\Day or MTV receive authorisation or permission to record, reproduce, perform, transmit, copy, use or otherwise exploit the composition ('Lose Yourself') for any purpose," it said.
"Defendants have acted intentionally, recklessly, willfully and in bad faith," it added.
As well as Apple and TBWA\, the copyright infringement lawsuit filed by Eight Mile Style, Eminem's music publisher, names Viacom and its music television subsidiary MTV.
Apple has yet to comment on the case.
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