Apple In Legal Hot Water Over Eminem iPod TV Ad.

They say that imitation is the best form of flattery. So, Microsoft has been flattering Apple for years, right? How about the iPod?

Apple introduces an iPod ad with Eminem which looks eerily similar to an old TV commercial for Lugz? Lugz?

Yes, Lugz. Don’t be surprised if you haven’t seen their TV commercial, either. The footwear maker doesn’t seem flattered that a recent iPod commercial featuring Eminem looks almost the same, end to end.

What did Lugz do? They thought about it awhile and decided to send a cease-and-desist letter to Apple Computer and Apple’s ad agency, Omnicom Group’s TBWA/ChiatDay.

Why? If you didn’t know better you’d swear the two ads are the same and produced by the same company.

The ads are so similar that were it not for the white ipod and white ear buds and cords, you’d think one was a derivative of the other.

The Lugz ad aired on television in 2002, a full three years before Apple introduced the new iPod ad with Eminem.

The similarities are more than striking. Both commercials display city street images on an orange, red-orange, and yellow background.

The on-screen bodies are similar, too. Both Eminem and the Lugz actor are black silhouettes with a loud hip-hop soundtrack.

Back in 2002, Lugz footwear’s agency at the time was Interpublic Group’s Avrett Free Gisberg out of New York. Apple uses Chiat Day which also created the original Mac TV commercial in 1984.

Larry Schwartz, an executive vice principal of JSSI, which produces Lugz footwear, is quoted by Adweek as saying, “If you look at these spots, common sense would tell you that there’s a problem here. The Apple commercial uses the most powerful elements of our campaign, making the ads disturbingly similar. We are prepared to vigorously pursue all legal remedies in order to protect our rights.”

How do the ads compare? They’re remarkably similar in design, color, action, style, and soundtrack. The Apple iPod ads are certainly worth a ‘cease and desist.’

How similar? Check these out. The first image is from the often played iPod ad with Eminem. The second is from a similar location within the Lugz ad.

Apple’s iPod commercial with Eminem.

The Lugz footwear commercial with someone else.

The same holds true with these following clips from each of the TV commercials; Apple’s iPod ad first, then the Lugz commercial.

Get the picture? Wait. There’s more. Apple first, then Lugz.

When Apple introduced the new iPods they also introduced the iPod TV commercial with Eminem. Then, the ad mysteriously disappeared from Apple’s web site for a few days.

Some speculated that Apple was in another spat with rap artist Eminem. Perhaps not.

It’s logical to assume that someone at Chiat Day was notified of the similarities between the iPod TV commercial and the Lugz commercial. Coincidence or not, someone at Apple and Chiat Day gave some thought to the potential issues.

What do you think? Did Apple’s agency steal a style and design from another agency’s ad from years ago? Or, is it possible that Apple considered the situation and decided that perhaps the Lugz agency took liberties with Apple’s silhouette advertising style?

Need more to convince you of the similarity? Click Here for three more screen clips from each commercial.

Off Topic Note: What is it about her Mac that caught Kate MacKenzie’s hair on fire? Somehow or another she fell out of love with her Mac and rushed into the arms of Windows Vista. Read the details about her American Tragedy.