Days after rapper 50 Cent accused a Miami medical spa of falsely suggesting that he’d had penis surgical procedure, the corporate has retained a lawyer and is firing again.
Represented by lawyer Darren Heitner, Angela Kogan and her Perfection Plastic Surgical procedure & MedSpa mentioned in a press release Tuesday that they might “vigorously defend” themselves in opposition to the rapper’s “frivolous” lawsuit, which the star (actual identify Curtis Jackson) filed last week in Florida federal court.
The case claims that Kogan used an harmless photograph snapped with 50 Cent to falsely suggest that he was a consumer and had obtained penile enhancement surgical procedure. However in her assertion, she says he really was a consumer – and had consented to the usage of the picture as cost for the work he obtained.
“Mr. Jackson appears to not recall the true underlying info,” Heitner wrote for Kogan. “To refresh his reminiscence, Mr. Jackson obtained providers from Perfection Plastic Surgical procedure & MedSpa. Mr. Jackson and Ms. Kogan agreed that, as a substitute of Mr. Jackson paying for the providers, Mr. Jackson would take an image with Ms. Kogan that she was permitted to show on her private and enterprise social media accounts. Witnesses have been current when this association was entered into and when the image was captured.”
As for the suggestion of penile enhancement surgical procedure, Kogan confirmed that fifty Cent by no means acquired one – however she says that she by no means implied as a lot. In her assertion, she advised that any authorized beef the rapper has ought to be with The Shade Room, the web site that revealed an article about her apply that includes the picture of fifty Cent alongside a narrative about penile enhancements.
“Mr. Jackson apparently takes nice situation with the graphic that was created and utilized by The Shade Room,” Heitner wrote for Kogan. “Nevertheless, as a substitute of submitting claims in opposition to the writer who wrote the article and/or the web site that revealed it, Mr. Jackson has determined to smear Ms. Kogan’s identify and the identify of her enterprise with out trigger.”
Kogan says she didn’t present the photograph to the Shade Room or consent to the usage of it within the story. However she says the article’s textual content was correct: “The article didn’t state that Mr. Jackson obtained a penis enhancement, nor did it embody any commentary from Ms. Kogan stating similar. As an alternative, [The Shade Room] precisely reported, in an article that additionally addressed penis enhancement procedures, that Ms. Kogan’s in depth clientele of celebrities contains 50 Cent.”
The Shade Room, which was not named as a defendant in 50 Cent’s lawsuit, didn’t instantly return a request for touch upon Kogan’s response.
The lawsuit, filed on Friday, advised a really totally different story. 50 Cent’s attorneys say he “graciously agreed” to take the pic with “somebody he thought was a fan.” He says he “by no means consented” to the usage of the picture for industrial functions in any kind, and positively not in a approach that implied he’d had penile surgical procedure.
The lawsuit claims that Kogan basically engineered the article on the Shade Room, which by no means instantly claimed that he had the surgical procedure however used his picture prominently alongside textual content, headlines and different photos about penile enhancements carried out by Kogan’s enterprise.
“The implication was clear: The photograph is juxtaposed with a picture of a faceless male acquiring a penile enhancement process, with a euphemistic eggplant emoji masking his uncovered groin space,” Jackson’s attorneys wrote. They careworn that it had been used because the “thumbnail” picture when the article was shared on social media, widening the scope of the alleged misrepresentation.
They declare the usage of the picture “uncovered Jackson to ridicule and triggered “substantial injury to his skilled and private popularity.” His legal professionals included a lot of such social media feedback within the criticism, together with one which “crudely” mentioned the rapper ought to now be known as “50 inch.”
“Kogan … ought to have identified that this might result in vulgar and sexually charged feedback about Jackson and his physique, notably in mild of the ways in which Black males in U.S. historical past have been, and proceed to be, sexualized and fetishized,” the star’s legal professionals wrote.
In technical phrases, the lawsuit claims that Kogan and her enterprise violated his so-called proper of publicity – the fitting to manage the industrial use of your identify and likeness. He additionally says it amounted to an invasion of privateness, and violated federal legislation barring false endorsement and false promoting.