The feud between Hologram USA CEO Alki David and Pulse Evolution chairman John Textor, former CEO of Digital Domain, over the Michael Jackson hologram at the Billboard Music Awards now involves a restraining order filed by Textor over Instagram photos of Hitler and dogs held at gunpoint.
Alki filed a motion to dismiss on Monday, claiming that Textor only petitioned the court for a restraining order so he could use it as leverage in the “high stakes patent litigation pending between the parties in other states and in other courts.”
Textor and David have filed separate lawsuits against one another. David ‘s lawsuit claims that the hologram infringed on patented hologram technology exclusively licensed by Hologram USA. Textor’s follow-up suit calls David a “charlatan,” alleging he had no involvement in the development of the Jackson hologram, and falsely laid claim to it in media interviews.
Since then, things have only gotten worse. Textor asked for a protective order against David, alleging that David took his personal campaign against Textor public, via Instagram and social media. He claims David posted a picture of Hitler and tagged Textor in it, and interpreted an image of David pointing a gun at a small dog as a personal threat against Textor.
A representative for David tells TheWrap the dog picture was completely unrelated to the ongoing feud between the men and rather simply a gag photo of David pointing a BB gun at his wife’s Pomeranian.
Textor’s order was granted, leading to David’s response in the form of a motion to dismiss the restraining order. He alleges that Textor intentionally failed to disclose the prior two lawsuits between the two parties when petitioning for his restraining order.
David further claims that the alleged actions do not constitute cyberstalking as they are not continuous, threatening or repetitive. Further, he says that the injunction is allegedly a violation of his free speech.
The injunction orders David to refrain from any electronic communications that relate to Textor either directly, indirectly, or even implied. David’s filing calls this restraint “overbroad,” alleging that it prohibits “essentially any and all communication that indirectly may be impliedly linked to Textor,” as this restriction could impede his communications in regards to the pending litigation between the men.