In a sideshow to the main patent dispute, which is ongoing, Pulse accused David of false advertising for taking part in a CNN interview about the Billboard Awards Jackson routine that implied it had been staged by his company, or at least used his technology. But David’s legal reps have successfully convinced a judge to throw out that aspect of the case, on the basis that David himself made no specific claims during the interview, and that any incorrect insinuation about his involvement came from CNN. Though Pulse has been given the option to resubmit its case in amended form. The judge agreed that while David could not be liable for CNN’s misleading remarks when the interview first aired, there might be a case to answer for the fact he subsequently uploaded the piece to his own digital channels, which arguably meant he was “adopting the false statements”. Pulse’s original lawsuit didn’t say anything specific about this particular fact, so the company will have to re-file an amended brief if it wants to proceed with the case on those grounds. -BX
Posted on: Fri, 19 Sep 2014 19:43:37 +0000
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