A criticism was filed on Friday within the Southern District of Florida by plaintiff Curtis J. Jackson III, finest generally known as 50 Cent, Angela Kogan and Perfection Plastic Surgical procedure, Inc. The criticism alleges that the defendants used a photograph of the plaintiff with out his consent and claimed that he had acquired cosmetic surgery from the defendants, when the plaintiff maintains that he had not.
The criticism describes the plaintiff as a “world-famous superstar and entrepreneur.” In early 2020, the plaintiff says, he agreed to take a photograph with Kogan, who he thought was a fan. As soon as the picture had been taken, Kogan allegedly used the picture as promotional content material for Perfection Plastic Surgical procedure, touting 50 Cent as a shopper and insinuating his endorsement.
50 Cent claims that for the reason that picture was taken, it was featured in a information article reverse a photograph of a faceless male present process a penile enhancement process. The plaintiff argues that this made the implication of the article clear, stating that “not solely have been [plaintiff’s] picture and identify linked to a sexual enhancement remedy he by no means had, however Kogan additionally falsely implied to the reporter that [plaintiff] was her shopper for cosmetic surgery extra typically.”
The article was shared by the defendants throughout social media, utilizing common hashtags that allowed the put up to realize larger visibility amongst their lots of of 1000’s of followers, per the criticism. The defendant’s engagement with the article on social media allegedly led many to “misconstrue Jackson’s picture and identify as an endorsement of Kogan and [defendant Perfection Plastic Surgery’s] enterprise, or as verification that Jackson himself had acquired the cosmetic surgery procedures described within the Article.”
The plaintiff maintains that he by no means acquired cosmetic surgery from the defendants. He concludes the criticism by asserting that the defendants “opportunistically misappropriated Jackson’s identify and picture for their very own promotional and business benefit,” in violation of the Lanham Act and the plaintiff’s proper to publicity.
The criticism cites proper of publicity, widespread legislation invasion of privateness, two violations of the Lanham Act, conversion, and unjust enrichment. 50 Cent is searching for punitive, treble, and exemplary damages, a everlasting injunction stopping the defendants from additional misconduct, litigation charges, curiosity, disgorgement of income, and another reduction deemed correct by the court docket.
The plaintiff is represented within the litigation by Akerman LLP.