Apple has been slammed with a cease and desist regarding its Eminem iPod ad, by footwear maker Lugz.

At issue is the way the Eminem ad looks. Many observers have remarked a some similarity between the ad and a 2002 campaign mounted by Lugz.

Lugz last week issued a cease and desist letter to Apple and its ad agency TBWA/Chiat/Day, calling Apple's hard-won spot a "rip-off".

To a background of rap music, the Lugz ad featured a man in silhouette wandering through an urban environment and with the dominant colours being red, orange, yellow and black.

The Eminem ad also featured a man (Eminem) in silhouette in an urban environment with rap music and a similar colour scheme.

Lugz called the similarity between the two ads an "unfair use of creative and intellectual property", the New York Daily News reports.

However, while the Apple ad features the iPod and paint splashes, the Lugz ad used a ribbon as its theme.

Is Apple or someone working for Apple guilty of misuse? Decide for yourself: Lugz ad here (click on Archive, then Lugz, then 01); Apple's ad is here.