According to someone who I recently had a conversation with, that knows a lot about patents, trademarks, and publication law:
The lawsuit brought on by Thugz Streetwear over their silhouette ad being copied by Apple ... may only be valid if the ad is currently in rotation...if both are showing on TV at the same time or within a general timeframe close to each other.
This means, that Lugz may only have rights to this form of artwork if Lugz is currently running the ads ... (the Apple iTunes ad is similar, but different, none the less)
The Lugz ad first appeared in 2002 ... the iPod silhouette ads first appeared in 2004.
It is suspicious though ... Apple had a lot of opportunity to sue many companies for copying the silhouette/rock music background ad format.