Fryke, it's not just that they should sue because of the ad itself, BMDC is hurting Apple's image by associating their poor service with Apple. Granted, most people who buy through the iTMS probably can tell the difference between the two services, but it's the Windows folks who will hesitate to buy from Apple once the WinTMS goes into effect because they've associated Apple with BMDC and BMDC with poor service.
I've actually seen Tommy Lee in concert, and I met him. He's not that great of a guy, though I do like "Hold Me Down." But that commercial is just stupid. Stop bashing Apple, already! In both senses!