IP Law Daily, PUBLICITY RIGHTS NEWS: 50 Cent sues Florida plastic surgery clinic and its CEO for falsely claiming he was a client, (Sep 22, 2022)

By Kevin M. Finson, J.D.

The dispute centers around social media posts implying that 50 Cent was a client and that he received penile enhancement surgery from the defendants.

Television mogul and rap artist Curtis Jackson, professionally known as 50 Cent, has filed suit alleging that Angela Kogan and her company MedSpa used his likeness to promote their business without his consent. In his complaint, Jackson argues that Kogan used a photograph taken with him to falsely imply he was her client and that he had received a specific penile enhancement procedure from her (Jackson v. Kogan, September 16, 2022).

In February of 2020, Jackson was in the vicinity of Angela Kogan’s South Florida business, and she asked him to take a photograph with her, to which he obliged. Kogan is the Chief Executive Officer of Perfection Plastic Surgery, Inc. d/b/a Perfection Plastic Surgery & MedSpa (“MedSpa”). According to MedSpa’s website, Kogan is a Licensed Aesthetician, Certified Laser Hair Removal Professional, Licensed Phlebotomist, and a Certified Medical Electrologist.

When Jackson posed with Kogan for the photo, there was no discussion of commercial use of the photo; Jackson was simply taking a picture with a presumed fan. Kogan posted the photo to her personal and professional social media accounts, and repeatedly reposted it with hashtags that suggested Jackson was a client of MedSpa or endorsed MedSpa. Kogan also did not follow her usual practice of including a disclaimer with celebrity photos that were of non-clients.

Jackson also alleged that Kogan made misleading statements indicating that he was her client in blog posts and interviews.

In August of 2022, a news and celebrity gossip media outlet known as The Shade Room published an article on celebrities receiving penile enhancement, interviewed Kogan, and included both her statement that Jackson was her client and the original photograph set alongside a photograph of a man undergoing penile surgery, implying that Jackson had received such surgery from Kogan.

The complaint alleged violations of Fla. Stat. § 540.08, governing unauthorized misappropriation of name and likeness, common law invasion of privacy, conversion, and unjust enrichment, and false endorsement and false advertising under the Lanham Act. Jackson seeks injunctive relief, compensatory damages in an amount to be proven at trial, and punitive damages.

The Case is No. 1:22-cv-22972-RNS.

Attorneys: Alejandro Paz (Akerman LLP) for Curtis James Jackson, III a/k/a 50 Cent. Darren Adam Heitner (Heitner Legal, P.L.L.C.) for Angela Kogan and Perfection Plastic Surgery Inc. d/b/a Perfection Plastic Surgery & MedSpa.

Companies: Perfection Plastic Surgery Inc. d/b/a Perfection Plastic Surgery & MedSpa

News: PublicityRights FloridaNews