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Michael Jackson Hologram Conjures Billionaire’s Patent Lawsuit (Exclusive)
Alki David says an Amy Winehouse concert is coming, but first comes a
patent lawsuit over a popular Cirque du Soleil show in Las Vegas.
By Eriq Gardner
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Eriq Gardner
Former Legal Editor-at-Large
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to Jury
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View All
March 25, 2014 7:34am
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Cirque du Soleil Hologram Lawsuit: Alki David, 'Michael Jackson One'
"Almost everything he did – that’s the 'Thriller' jacket, the 'Billie
Jean' look, the 'Dirty Diana' look, the glove, the sock, the arm brace –
everything he did was thought out. It was just fashion for him, and it’s
lasting," says Goco. "That’s what’s so special about Michael – it’s
music, art, fashion, culture. He entered that world, all at the same
time, and everyone responds to it."
Isaac Brekken/Getty Images
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Logo text
Two years ago, a hologram of *Tupac* *Shakur* at the Coachella Music
Festival had people wondering about what might be next in concert
possibilities. Now, the technology that created the spectacle has landed
in the hands of a noteworthy billionaire:* Alki* *David*, the eccentric
one who attempted to transform the television business with streaming
technology before Aereo stole his thunder and TV broadcasters unleashed
their legal guns on him.
Now, David finds himself on the flip side of the intellectual property
coin. His FilmOn and hologram-maker Musion are the plaintiffs in a
lawsuit filed on Monday against Cirque du Soleil and MGM Resorts for
allegedly infringing patents to create a hologram used in the final
scene of // /Michael Jackson : One/, the resident acrobatic production at Mandalay
Bay Theatre in Las Vegas.
*PHOTOS: Inside Cirque’s New Las Vegas Thriller ‘Michael Jackson One’*
The complaint filed in
California federal court begins with some history.
“In 1862, *John* *Pepper* and *Henry* *Dircks* invented ‘Pepper’s
Ghost,’ an illusion technique, which, over the last 150 years, has
appeared in movies, concerts, magic shows and amusement park rides,”
says the lawsuit. “Today a new incarnation of Pepper’s Ghost exists —
Musion Eyeliner technology. Musion Eyeliner uses a patented system to
project three-dimensional images virtually indistinguishable from real
life bodies.”
David was apparently impressed upon seeing the technology being used to
create the deceased rapper Tupac appearing on stage with *Dr*. *Dre* and
*Snoop* *Dogg*. He says he recently bought the exclusive license to
Musion’s patent and has started up a company called Hologram USA with a
showroom at the FilmOn Studios on Canon Drive in Beverly Hills.
Why? He’s got plans. “We already agreed on hologram performances with
*Flo* *Rida* and the late *Amy* *Winehouse*,” he says. “Many other shows
are coming.”
But first comes some score-settling about who owns rights to hologram
technology. David says he’s about to file a slew of lawsuits. This
*Michael Jackson *one is the first.
The new lawsuit mentions two patents at issue: One for a device for
displaying moving images in the background of a stage and one for a projection apparatus and
method for pepper’s ghost illusion .
“Although it has been widely acknowledged that Defendants employ the
technology to create a three-dimensional hologram of Michael Jackson in
Cirque du Soleil’s /Michael Jackson: One/, Defendants do not possess a
valid license to practice that technology.”
*STORY: Making Zombies With ‘LED Guts’ for Cirque’s ‘Michael Jackson
One’*
The show has been enormously successful and has helped the Michael
Jackson estate reap almost a billion dollars in revenue since the King
of Pop’s passing in 2009. The lawsuit claims that since the technology
behind the Tupac hologram got so much press attention, the defendants
knew or should have known the system was patented. The plaintiffs demand
an injunction and maximum damages for willful infringement.
The hologram is the climax of the 26-scene show, which never has a
performer portraying Jackson onstage. Instead, the show strategically
uses video and audio footage of the singer throughout the plot’s peaks
and valleys.
“His presence, even on video, is so powerful, that it can be very tricky
to use him,” *Welby Altidor*, /One/‘s/ /director of creation, told
/The Hollywood Reporter/ just before the show’s opening in May 2013.
“What we wanted to do in this show is build Michael’s presence through
his voice and feeling his shadow, to feeling him progressively becoming
more and more present throughout the show, until we can create the
longing. And then the apex, the moment where we’ll really feel that he’s
there and he’s still with us.”
/THR /has reached out to Cirque du Soleil and will update with any response.
Meanwhile, the hologram technology has landed in the hands of a
Hollywood bad boy with a taste for
the outrageous. David tells /THR/, “This is by far the most exciting
business opportunity I have ever seen. Imagine running 100 meters
against *Usain Bolt* or resurrecting *Richard Pryor*!”
/Additional reporting by Ashley Lee./
/E-mail: Eriq.Gardner@THR.com
Twitter: @eriqgardner /
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