Celebrity

Judge Refuses To Dismiss 50 Cent's Plastic Surgery Lawsuit

A Miami plastic surgeon, Angela Kogan of Perfection Plastic Surgery and MedSpa, will not have 50 Cent's case against her dismissed as ruled by a judge. The rapper, whose real name is Curtis Jackson III, claims that Kogan used his image without permission to advertise her products. 50 Cent alleges that the photo, which shows him alongside Kogan, was used to suggest that he had undergone penis enlargement surgery and was a client of Kogan's.

1. According To 50, He "Graciously Agreed" To Take A Photo With Kogan

At the time, he was present at the spa while his ex-girlfriend was receiving complimentary treatments. However, the situation soon turned unsettling when a photo of him was featured in a Shade Room article discussing the surge in male penis enlargement surgeries, prompting 50 Cent to take legal measures.

2. Insinuating that someone uses services of any kind that they haven't is against the law

Although it may have been especially humiliating considering the type of service involved, it remains true that if Kogan did indeed use the photograph for such purposes, it would constitute a violation of the law. "Neither defendants nor TSR sought Jackson's permission to use the photo, let alone in this particular manner," lawyers for the rapper said in a court filing. "Even if defendants had asked for permission, Jackson never would have consented to Kogan or MedSpa's commercial use of the photo, especially not in this context."

3. It Wasn't Just About 50 Cent's Penis

According to his lawyers, Kogan is not only suggesting that he underwent a penis enlargement procedure but is also alleging that he had undergone other types of cosmetic surgeries. "Not only were Jackson's image and name linked to a sexual enhancement treatment he never had, but Kogan also falsely implied to the TSR reporter that Jackson was her client for plastic surgery more generally," the lawsuit reads.

So, What Is Kogan's Defense?

Kogan maintains that the usage of the photograph in conjunction with the Shade Room article was purely for entertainment reasons. Additionally, she asserts that 50 Cent's former girlfriend received complimentary services in exchange for promoting the business and that 50 Cent himself had made a similar promise.

Judge Robert N. Scola Jr. Denied Kogan's Motion To Dismiss The Case

Indeed, he is of the opinion that 50 Cent has a robust basis for his lawsuit. "As the proverbial saying goes, a picture is worth a thousand words," he wrote in his December 12 decision. "This one in particular depicts a worldwide celebrity next to Kogan with MedSpa's name repeated all throughout the background. The promotional value is evident." He also explained that Kogan used the photo again in a screencap. "That omission is fatal," he wrote. "Because the defendants took it upon themselves to post the video onto their Instagram accounts, Jackson can plausibly argue that the defendants unauthorisedly used his likeness to promote their business regardless of whether the defendants had any role in TSR's publication of either the tweet or the article."

The date for the trial of this case is currently unknown.