The commercial in question featured a young boy with an iPod portable music player singing the lyrics to the song. The suit also claims that aside from airing on MTV in 2003, the commercial was also featured on Apple’s web site. 

The lawsuit alleges, “At no time did Apple, Chiat/Day or MTV receive authorization or permission to record, reproduce, perform, transmit, copy, use or otherwise exploit the composition ("Lose Yourself") for any purpose….Defendants have acted intentionally, recklessly, willfully and in bad faith." 

The suit alleges that further damage has been done to Eminem since the rapper "has never nationally endorsed any commercial products and therefore he indicated, though his manager, that 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.”

Despite the $10 million mentioned, the Eminem camp did not specify how much in "exemplary damages" that they seek for the unauthorized use of his Academy Award winning song.  

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