Lugz threatens legal action for Eminem iPod ad

This could get ugly. You may remember Steve presenting the Eminem iPod ad at a press conference earlier this month. He seemed really proud of it, and it got a great response from the crowd. The immediate consensus was that it was another winner, right up there with the original silhouette ads. More after the jump.

[Via Cult of Mac]

Then the ad disappeared from Apple's site
that same day without explanation, only to reappear later, both online and on TV. Last week, Justin Booth-Clibborn (executive producer for Psyop who made the Lugz ad) said that while the two ads were "strikingly similar," he had no plans to "make waves." I thought, like others, that it ended there. I was wrong.

In a report by The New York Times, Executive VP of Lugz Larry Schwartz said, "We're very upset...We think very highly of Apple, [and] we don't understand how this could have happened."
While I am able to see the iPod spot as a natural progression of the silhouette ads, the colors and feel of the two are undeniably similar.
What do you all think? Did Apple (intentionally or not) cross the line?