Eminem’s Suit Against Apple Can Proceed

Rapper Eminem’s lawsuit against Apple Computer Inc., charging that the company used his hit song in a TV ad without his permission, can proceed, his lawyer said, citing a federal judge’s ruling.

Attorney Howard Hertz said U.S. District Judge Anna Diggs Taylor ruled that the suit brought by 8 Mile Style, Eminem’s publishing company, can continue against Apple, MTV parent company Viacom Inc. and advertising agency TBWA/Chiat/Day.

The suit claims Apple, in a TV ad for its iTunes music store that aired on MTV last year, featured a young boy with an iPod portable music player singing the lyrics to “Lose Yourself,” the theme song for Eminem’s 2003 hit movie, “8 Mile.” The ad also was posted on Apple’s website, the suit says.

“We were pleased that the judge recognized that the use of the song in the commercials could be a false endorsement, as we believe it was,” Hertz said.

A spokesman for Cupertino, Calif.-based Apple declined to comment.