Eminem's legal team have asked the judge in the artist's dispute with Apple Computer to delay the trial, reports The Detroit News.

The move follows settlement talks between the two companies. Eminem's label says Apple used the artist's song, 'Lose Yourself'', without permission; Apple alleges the ad featuring the song only appeared twice, briefly, on its Web site.

Eminem's publisher, Eight Mile Style, filed suit against Apple, MTV, MTV parent company, Viacom and Apple's advertising agency TBWA/Chiat/Day. The defendants had "used the sing without permission".

Apple had tried to get permission to use the track, but this was denied. Eminem has never endorsed a product, and if he did would want "millions" of dollars, his representatives said.

Lawyers for all sides told the trial judge that they have been negotiating with an aim to achieve an out-of-court settlement of the case.

"Both (sides) have expressed interest in continuing settlement discussions, but have not yet been able to reach any agreement," court records reveal.

The trial will now be delayed until "at least late next year", the report explains, with both sides proposing ten-person witness lists in December, the report adds.