A judge denied MedSpa owner Angela Kogan’s motion to dismiss 50 Cent’s lawsuit against her.
According to court documents obtained by AllHipHop, Judge Robert Scola Jr. allowed 50 Cent’s penis enlargement lawsuit to move forward. Kogan failed to prove why the case should be dismissed in the judge’s eyes.
“The Court denies the Defendants’ motion to dismiss in its totality,” the judge explained. “All of [50 Cent’s] claims remain viable. The parties will continue to observe the deadlines set forth in the Court’s Scheduling Order and are reminded that they may, at any time, file a motion requesting a settlement conference before United States Magistrate Judge Jonathan Goodman.”
50 Cent, whose real name is Curtis Jackson, sued Kogan for allegedly implying he received penis enlargement surgery “at the expense of his reputation and dignity.” He accused Kogan of unauthorized use of his likeness for commercial gain. A photo of the two posing together was used by The Shade Room in an article about penis enlargement surgery.
Kogan claimed 50 Cent agreed to let her post the photo on her social media in exchange for MedSpa services. Kogan insisted she never suggested the G-Unit rapper underwent penis enlargement surgery. She believed his true grievance was with The Shade Room, which grabbed the photo from her social media.
Judge Scola struck down Kogan’s arguments against unauthorized misappropriation, invasion of privacy, false endorsement, false advertising, conversion and unjust enrichment. The judge said the facts of the case remained in doubt, making it inappropriate to dismiss the lawsuit.
“The question of Jackson’s consent is a factual issue that the Court must construe in his favor at this juncture,” Judge Scola wrote. “So, despite the Defendants’ repeated assertions that Jackson at least implicitly consented to having his photo used on Instagram in exchange for ‘free medspa services,’ the Court is bound to follow—at least for now—Jackson’s side of the story, which is that he only consented to Kogan’s private use of the photo.”
50 Cent’s lawsuit will head to trial in July 2023 if a settlement isn’t reached. Mediation must be completed by March 2023.
