If Apple does not comply, "we will take whatever legal action is necessary to protect our rights," Lugz executive vice president Larry Schwartz told the Daily News.
Lugz claims Apple's current iPod ad, which uses a silhouette of Eminem against a comparable multicolored urban setting, is remarkably similar.
"All you have have to do is watch the commercials," Schwartz told the News. "It's clearly an unfair use of our creative and intellectual property."
"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.
He said he was surprised that this happened considering that the Lugz ad had been well known in the industry, and had been nominated for a prominent advertising award.
Back in 2002, Lugz's 2002 spot was created by Avrett Free Ginsberg. TBWA/Chiat/Day declined comment and Apple couldn't be reached for comment.
One has to wonder whether the chatter on the net alerted Lugz to the fact that they were similar or if they would have persued this without other people commenting on it. (Hat tip to MacWorld.com)