Eminem is going to court. This time he the victim. Eminem’s publishing company Eight Mile Style has filed a copyright infringement against Apple Computer Inc., Viacom Inc. and the TBWA/Chiat/Day advertising agency. The publishing company claims Apple used Eminem’s Grammy winning song “Lose Yourself” from the “Eight Mile Movie” in a television commercial without permission.

In the commercial for an Apple ITunes pay-per-view download music software, a ten year old singing the tune of “Lose Yourself” while the track plays in the back In the fifteen page lawsuit it states, “Eminem has never nationally endorsed any commercial products and … even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million”.

In the lawsuit it is also says that the CEO of Apple Computers Steve Jobs, contacted Joel Martin, the manager of Eight Mile and asked if they would “rethink their position” about using the song. Eminem declined but the song still appeared on television and apple’s website.