DETROIT, May 18 (UPI) -- A Detroit judge has ruled Eminem's copyright infringement and false endorsement case against Apple and MTV can move forward.
In the preliminary hearing, U.S. District Judge Anna Diggs Taylor dismissed two state law-based claims Monday, but allowed the endorsement and copyright allegations against Apple Computer; Viacom, MTV's parent; and advertising firm TBWA/Chiat/Day to go to trial, the Detroit News reported Tuesday.
The suit centers on Apple's television ads for the iPod music player and iTunes music service featuring a 10-year-old rapping Eminem's Oscar-winning song, "Lose Yourself." The ads aired for three months starting last July on MTV and Apple's Web site, although the company had not received permission from Eminem to use the song, the suit said.
"Just the words and lyrics can't give rise to an endorsement claim that Eminem endorsed Apple's iPod or iTunes where his likeness was not used," defense attorney Herschel Fink said.
