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Michael Jackson is next up in a trend of rumored and actual hologram performances including Eazy-E, Lisa “Left Eye” Lopes and Tupac. The King of Pop’s 3-D image is scheduled to grace the stage of Sunday’s Billboard Music Awards.

Plans to use the hologram during the show came out a lawsuit filed by Alki David, but they weren’t confirmed until the hearing Friday afternoon. Show producers had been promoting a “history-making performance” at Las Vegas’ MGM Grand Garden Arena that would promote the singer’s latest posthumous album, “Xscape.”

Alki David, a man who claims his company controls the rights to hologram technology, filed a lawsuit against the Michael Jackson estate on Thursday as well as Dick Clark Productions asking courts to block the digital performance citing that it would ruin his own plans for a future high-profile MJ holographic performance.

Hologram and Musion USA, the companies behind the lawsuit state that one of their products was being used without authorization for a segment that depicts Jackson singing the song, “Slave To The Rhythm.”

A federal judge has responded, and despite David’s wishes, the show will go on. The Associated Press reports Judge Kent Dawson’s ruling:

“There wasn’t enough evidence to show the planned 3-D image would violate patents held by Hologram USA Inc. and Musion Das Hologram Ltd.”

Howard Weitzman, lawyer for the MJ estate commented:

“This is another Alki David stunt, no different than his claiming that Brandon Howard was Michael Jackson’s son.”

“The court’s decision is not surprising. The request to stop this extraordinary Michael Jackson event was ludicrous…and the show goes on.”

In March, Hologram USA sued Cirque du Soleil and MGM Resorts International over its show, “Michael Jackson ONE” at Mandalay Bay Hotel & Casino. The show features a performance by a digital rendition of Jackson, which the company also states is an unlicensed use of its technology.

Alki was also behind the digital resurrection of Tupac Shakur at the 2012 Coachella festival.

Will you be tuning in to see MJ’s hologram this Sunday?

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