50 Cent’s lawsuit against a South Florida-based plastic surgeon who he says used a photo they took together to falsely show that he had undergone penile surgery at his clinic is moving forward.
The 47-year-old rapper, in court documents reviewed by TMZ in September, he named plastic surgeon Angela Kogan and her businesses, Perfection Plastic Surgery and MedSpa, in a legal filing, saying she had continued to circulate the photo they took to make it look like she had genital surgery.
The Queens, New York native said he initially took the photo in February 2020 thinking Kogan was a fan of his, but has continued to use it on social media ever since.
On: 50 Cent’s lawsuit against a South Florida-based plastic surgeon (Angela Kogan) who he claims used a photo they took together to falsely portray that he had undergone surgery on his penis at her clinic continues ahead.
The If I Can’t rapper said in legal documents that the myth was perpetuated in a new move when The Shade Room published a story in August about men undergoing procedures to enhance their sexuality, using the image of the rapper and plastic surgeon. in relation to the story.
50 Cent said Kogan and his associates know he never had any type of surgery at the clinic and wants them to stop using the photo under all circumstances.
He said that the notion suggested by the image harms him professionally and personally and abuses his name and image.
In addition, 50 Cent, whose real name is Curtis Jackson III, is also seeking financial compensation from Kogan for the publication of the image.
50 Cent said Kogan and his associates know he never had any type of surgery at the clinic and wants them to stop using the photo under all circumstances.
On Monday, a federal judge refused to dismiss the rapper’s lawsuit, ruling that he might have a valid case, despite Kogan’s decision to dismiss the case and his denial of all allegations.
Judge Robert N. Scola, Jr. said the lawsuit’s allegations were strong enough to move forward with the case.
Kogan defended the post by saying he was just thanking the musician for visiting his office and did not specifically say he supported the practice.
Scola said, as reported in Billboard: ‘As the proverb says, a picture is worth a thousand words. This particular one depicts a world celebrity alongside Kogan with the MedSpa name repeated across the background. The promotional value is evident.
‘Read in the light most favorable to Jackson, the defendants’ ‘thank you’ serves as a humble boast. It’s self promotion.
The If I Can’t rapper said in legal documents that the myth was perpetuated in a new move when The Shade Room published a story in August about men undergoing procedures to enhance their sexuality, using the image of the rapper and plastic surgeon. related to history
Judge Scola also said Kogan’s lawyers had “overlooked” that, in addition to posting the image on Instagram, she had shared a screen-captured video of her scrolling through the Shade Room article.
The judge wrote: “They argue weakly that Jackson consented to the photo being uploaded to Instagram without mentioning Jackson’s consent/non-consent as to the screenshot video and the promotional value it undoubtedly served.”
That omission is fatal. Because the defendants took it upon themselves to post the video to their Instagram accounts, Jackson can plausibly argue that the defendants used his image without authorization to promote his business, regardless of whether the defendants had any role in posting the Tweet or the article. by TSR.
“The promotional value that the defendants have received by repeatedly sharing Kogan’s photo with Jackson is surely great.
“Although the court has no reason to doubt the quality of the ‘free medspa services’ that the defendants provided to Jackson, the record is not sufficiently established to substantiate the defendants’ suggestion that their services equitably compensated Jackson.” .
The case will now enter discovery, where both parties will exchange evidence, before a trial.
A lawyer for Kogan declined to comment on the publication’s decision. DailyMail.com has contacted representatives for 50 Cent for comment.
Denied: Kogan has defended the post saying the post was only thanking the musician for visiting his office and did not specifically say he supported the practice.
Kogan’s attorney, Darren Heitner, previously told TMZ that the rapper received services from Perfection Plastic Surgery and posed for the photo with Kogan as payment for the work performed, with the understanding that he would use it to advertise his business.
50 Cent did not undergo any penis enhancement procedures, Heitner said, and knew Kogan had posted the image online, but only objected years later.
“Our clients did not take a single action to damage Mr. Jackson’s professional or personal reputation and will vigorously defend themselves against the frivolous claims that have been publicly filed against them and their thriving business,” he told the outlet.
50 Cent did not undergo any penile enhancement procedures, the attorney said.