Although Eminem is enjoying the success of D-12’s new album, that may not be enough to keep him out of court system. On Monday a federal judge cleared the way for Eminem to pursue a copyright infringement lawsuit against Apple Computers and MTV. In the lawsuit Eminem alleges his Oscar winning song “Lose Yourself” from the movie “8 Mile”, was used during an ad for the iPod Music Player without his permission.

Judge Anna Diggs Taylor ruled the lawsuit can also proceed against MTV’s parent company Viacom and the advertising agency TBWA/Chiat/Day. Apple pursued getting permission from Eminem and his publishing company for the songs use but did not receive permission. The ads begin appearing on television July 2003 and ran for three months using the song. According to launch, a lawyer for the defendants said although the song was used that did not necessarily make a view think Eminem endorsed the product. Eminem’s lawyer said he has no interest in endorsing any product nationally.