OK, that's a little glib. But the fact is that the song at issue in Eminem's lawsuit against Apple never actually appears in the commercial at issue -- at least not Eminem's version. The version of "Lose Yourself" in this particular iTunes commercial was sung by a ten year old boy.
The gist of Eminem's copyright claim seems to be that viewers would think that Eminem was somehow endorsing the iTunes Music Store (ironically, he sort of did -- Eminem was one of the first acts featured on iTunes, though he didn't actively promote it). Seems like a reach, considering that the compulsory royalty structure for covering a song is so well established.