Shoe company Lugz has issued a cease and desist letter to Apple Computer and the company’s longtime advertising agency TBWA/Chiat/Day, demanding that Apple’s latest iPod ad featuring Eminem be taken off the air. Lugz claims the ad is too similar to its own ad campaign, which was launched in 2002.
Lugz Executive Vice President Larry Schwartz said in an interview with the New York Daily News that if Apple does not comply with the cease and desist order, “we will take whatever legal action is necessary to protect our rights,”
“Imagine spending all of this time and energy to create something and someone takes it without paying you and without clearing it with you,” Schwartz said.
Lugz ad features the music of rapper Funkmaster Flex with the silhouette of a man in a red, orange, yellow and black urban setting.
Earlier this year Eminem settled a copyright infringement suit against Apple. In July 2003 Apple ran a television advertisement for its iPod music player that depicted a ten-year-old boy singing Eminem’s hit song “Lose Yourself.” The ad appeared on MTV and was also posted to Apple’s Web site. Eight Mile Style alleged that Apple used the song despite having been rebuffed by the artist.
Both ads can be seen online ( Lugz ad and Apple’s ad ).
Apple representatives were not immediately available to comment.