The ‘In Da Club’ rapper is accused by MedSpa owner Angela Kogan of blaming the wrong entity for spreading false information about him having undergone a penis enlargement procedure.
AceShowbiz -The legal battle between 50 Cent and Medical Spa owner Angela Kogan over penis enhancement claim is still heating up. Fif has been advised by the plastic surgeon to sue The Shade Room instead of her and her business.
A new update in the case indicates that attorneys for Angela accused the “Power” co-creator/star of blaming the wrong entity for spreading false information about him having allegedly undergone a penis enlargement procedure. According to court documents obtained by AllHipHop, the defense claimed rumors about his alleged procedure were spread due to the gossip outlet publishing a photo of Fif and Kogan together.
“Plaintiff is not entitled to relief against Defendants as Plaintiff has failed to properly plead against the offending party; namely, The Shade Room,” the documents stated. “The Shade Room is the author of the Article, and pulled the Photo from Kogan’s social media without Kogan’s permission or consent. The Shade Room is the publisher of the Article, and Plaintiff has improperly applied the actions of The Shade Room to Defendant.”
Fif filed his lawsuit in September, alleging that Angela and her Perfection Plastic Surgery & MedSpa used a photo that 50 took at the establishment to suggest he was a client and received some type of penile procedure.
Angela denied the allegations placed on her and her business and wasted no time asking to dismiss the case arguing that 50 Cent was a client and agreed to the use of the image as payment for the work he allegedly had done.
In addition to her claims, Angela also argued that the Instagram post using the said picture was intended to thank Fif for visiting her office and not actually endorsing it. The “In Da Club” rapper, on the other hand, said that he only agreed to take the photo because he believed Angela was a fan.
In the latest filings, the service provider and her attorneys also insisted that Fiddy is not owed any compensation because he’s not the rightful owner of the photo in question. Angela further stated that while she was interviewed by The Shade Room, the site chose to use the photo of her and the “P.I.M.P.” emcee without her permission.
The defense previously asked federal judge Robert N. Scola, Jr. to dismiss the lawsuit altogether, based on her allegation that the photo was used as a form of payment. Judge Scola wasn’t buying it, labeling her argument as “simply wrong” and choosing not to toss the case out.
Judge Robert N. Scola, Jr. ruled that the case is going forward. “This matter is before the Court on the motion to dismiss filed by Defendants Angela Kogan and Perfection Plastic Surgery, Inc. Having carefully considered the briefing and relevant legal authorities, the Court denies the motion,” the documents read.
The judge further revealed several reasons why he sided with Fiddy. He first noted that “Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose,” adding, “For these reasons, the Court denies the Defendants’ motion to dismiss in its totality.”
“As the proverbial saying goes, a picture is worth a thousand words,” judge Robert wrote. “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.”
Judge Robert went on saying, “Read in the light most favorable to Jackson, the defendants’ ‘thanks’ serves as a humblebrag. It is self-promotion,” while a definition of the word humblebrag was added to the ruling.
A trial date had been set for July 3. Shortly after the trial date was set, the 47-year-old rapper wrote on Instagram, “yeah my d**k is a BIG DEAL set for trial in july no enhancement necessary,these fools put them selves out of business. SMH.” There’s still the chance that the parties involved will reach a settlement before then.
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