A MedSpa owner believes 50 Cent wrongfully sued her instead of The Shade Room in a dispute over his penis.
According to court documents obtained by AllHipHop, attorneys for Angela Kogan submitted affirmative defenses to 50 Cent’s lawsuit on Thursday (December 29). The G-Unit rapper sued Kogan for allegedly implying he received penis enlargement surgery.
Kogan’s lawyers pointed the blame at The Shade Room in their defense of the MedSpa owner. Her attorneys said 50 Cent’s true gripe is with The Shade Room, which published a photo of him and Kogan together alongside an article about penis enlargement surgery.
“Plaintiff is not entitled to relief against Defendants as Plaintiff has failed to properly plead against the offending party; namely, The Shade Room,” Kogan’s lawyers contended. “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.”
Kogan participated in an interview with The Shade Room for a story about penis enlargement, but she didn’t provide the outlet with her photo of 50 Cent. She denied insinuating he underwent the surgery.
50 Cent sued Kogan for unauthorized misappropriation, invasion of privacy, false endorsement, false advertising, conversion and unjust enrichment. His lawsuit took aim at Kogan’s photo of the two posing together, which she claimed he agreed to let her use on social media.
“Plaintiff is not entitled to relief against Defendants, as Plaintiff is not the owner of the Photo,” her attorneys maintained. “As Kogan is the owner of the Photo, Kogan maintains copyright ownership therein, which rights preempt right of publicity claims.”
They added, “Plaintiff is not entitled to relief against Defendants, as the Photo and use thereof was taken in exchange for MedSpa services provided by Defendants to Plaintiff. In exchange for Plaintiff’s receipt of MedSpa services, Plaintiff consented to Kogan’s taking and use of the Photo.”
Kogan’s attorneys said 50 Cent “has not suffered any actual injury or harm.” His case will head to trial in July 2023 if a settlement isn’t reached.