Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 1 of 32
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Civil Case No.:__________
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`CURTIS J. JACKSON, III p/k/a 50 CENT,
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`JURY TRIAL DEMANDED
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`Plaintiff,
`
` v.
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`ANGELA KOGAN and PERFECTION PLASTIC
`SURGERY, INC. d/b/a PERFECTION PLASTIC
`SURGERY & MEDSPA,
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`Defendants.
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`________________________________________/
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`COMPLAINT
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`Plaintiff Curtis J. Jackson, III p/k/a 50 Cent (“Plaintiff” or “Jackson”), by and through his
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`undersigned counsel, for his Complaint against Defendants Angela Kogan (“Kogan”) and
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`Perfection Plastic Surgery, Inc. d/b/a Perfection Plastic Surgery & MedSpa (“MedSpa”)
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`(collectively, “Defendants”), hereby alleges as follows:
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`INTRODUCTION
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`This case is about the abuse of a popular entertainer and businessman’s act of goodwill by
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`an unscrupulous business owner for her own economic gain. Under false pretenses, Defendant
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`Angela Kogan took a photograph with Plaintiff Curtis J. Jackson, III (the “Photo”) and
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`subsequently used it to promote her business without Jackson’s consent. Defendants also falsely
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`implied in several online publications that Jackson was their plastic surgery client. Two years after
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`the Photo was taken, Kogan used it again, this time—shockingly—to support the false insinuation
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`that Defendants had provided a penile enhancement treatment to Mr. Jackson. Jackson never had
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`such a sexual enhancement procedure, he has never received plastic surgery from Defendants, and
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`he never consented to the commercialization and publication of the Photo. Defendants’ actions
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`have exposed Jackson to ridicule, caused substantial damage to his professional and personal
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`reputation, and violated his right to control his name and image (which has significant economic
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`value).
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`STATEMENT OF THE CASE
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`1.
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`On or about February 1, 2020, Plaintiff Curtis J. Jackson, III—a world-famous
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`celebrity and entrepreneur—graciously agreed to have the Photo taken with someone he thought
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`was a fan. Jackson could not have known at the time that this Photo would repeatedly be exploited
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`as promotional content by, and as a false endorsement for, a well-known aesthetician and business
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`owner in the Miami area, Defendant Angela Kogan, and for Kogan’s plastic surgery company,
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`Defendant MedSpa. In the over two years since the Photo was taken, Defendants have used
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`Jackson’s image and name for advertising and publicity purposes on Defendants’ social media
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`accounts. Jackson never consented to his image, likeness, and name being used in this manner.
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`2.
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`Moreover, two and a half years after the Photo was taken, Defendants’ misuse of
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`Jackson’s image took a significantly more disturbing turn. On August 17, 2022, The Shade Room
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`(“TSR”), a pop-culture media outlet that focuses on the Black community, published an article
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`(the “Article”) featuring Kogan discussing the apparent rise in plastic surgery for men, with a
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`specific focus on male sexual enhancement procedures. The Photo Kogan took with Jackson two
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`years prior was used as part of a thumbnail image that appears any time the Article is shared or
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`posted online.
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`3.
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`The implication was clear: in the TSR Article, the Photo is juxtaposed with an
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`image of a faceless male obtaining a penile enhancement procedure, with a euphemistic eggplant
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`Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 3 of 32
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`emoji covering his exposed groin area (the “Thumbnail Image”). Neither Defendants nor TSR
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`sought Jackson’s permission to use the Photo, let alone in this particular manner. Even if
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`Defendants had asked for permission, Jackson never would have consented to Kogan or MedSpa’s
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`commercial use of the Photo, especially not in this context.
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`4.
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`Not only were Jackson’s image and name linked to a sexual enhancement treatment
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`he never had, but Kogan also falsely implied to the TSR reporter that Jackson was her client for
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`plastic surgery more generally. The Article states that “Angela Kogan… has an extensive clientele
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`of celebrities, including… 50 Cent” in the context of discussing plastic surgery. Kogan and
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`MedSpa were aware that Jackson had never received plastic surgery at MedSpa because, as
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`providers of health care services, they would have no doubt as to whether an individual was treated
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`by them.
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`5.
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`To be abundantly clear, Jackson never obtained: (a) plastic surgery procedures from
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`Kogan or MedSpa, or (b) the penile enhancement or other procedures described in the Article.
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`6.
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`Adding further insult to injury, Defendants repeatedly shared the Article across
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`their various Instagram accounts. In their doing so, the Thumbnail Image was prominently
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`displayed in almost every public post Defendants shared. Additionally, the captions on
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`Defendants’ posts contained popular hashtags, as well as company-specific hashtags, which are
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`commonly used to generate greater visibility and reach for the posts and, by extension, the
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`company itself.
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`7.
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`Defendants’ collective Instagram accounts have nearly half a million followers. The
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`Photo has therefore been exposed to the wide audience of Defendants’ followers, inevitably
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`leading many of those followers to misconstrue Jackson’s image and name as an endorsement of
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`Kogan and MedSpa’s business, or as verification that Jackson himself had received the plastic
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`surgery procedures described in the Article. Indeed, comments made on the various Instagram
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`posts already leave no doubt that consumers have been misled in this manner by Defendants.
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`8.
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`From repeatedly re-sharing the Photo prior to August 17, 2022, to resharing the
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`doctored Thumbnail Image on numerous occasions since
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`then, Kogan and MedSpa
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`opportunistically misappropriated Jackson’s name and image for their own promotional and
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`commercial advantage. These actions amount to clear violations of the Lanham Act as well as
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`violations of Jackson’s right to publicity, specifically, his right not to have his name and image
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`appropriated for commercial exploitation by others without his express consent. Defendants’ acts
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`also constitute conversion and unjust enrichment.
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`9.
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`As a result of the ongoing invasion of Jackson’s publicity and the violation of his
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`rights to control his own image and name (and the substantial economic value of these aspects of
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`Jackson’s identity), Plaintiff has suffered, and continues to suffer, irreparable harm for which
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`money damages are inadequate. Therefore, Plaintiff seeks an order enjoining Defendants from:
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`falsely stating that Jackson is their client; sharing or publishing the Photo on social media,
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`electronic media, or any other form of media whatsoever; and engaging in any other actions that
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`would imply that Jackson supports or endorses Kogan and/or MedSpa.
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`10.
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`Alternatively, Plaintiff seeks compensatory damages, treble damages under the
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`Lanham Act, punitive damages, disgorgement of any direct and indirect profits earned by
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`Defendants in connection with their use of Jackson’s name and image, attorney’s fees and costs
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`for Lanham Act violations, and royalties. While Jackson’s damages have yet to be determined with
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`particularity, they exceed the jurisdictional amount of $75,000 and likely amount to millions of
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`dollars.
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`PARTIES
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`11.
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`Plaintiff is a citizen of Texas and resides in Houston, Texas. Jackson is a Grammy-
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`award winning rap artist, investor, entrepreneur, and philanthropist who is commonly known by
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`his stage name 50 Cent. Given his extensive and successful career, Jackson’s image, name, and
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`identity have substantial commercial value.
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`12.
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`Upon information and belief, Defendant Angela Kogan is a citizen of the State of
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`Florida and resides in Miami-Dade County. According to her public LinkedIn profile, Kogan is
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`the Chief Executive Officer of Perfection Plastic Surgery & Med Spa, located at 16690 Collins
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`Avenue, Suite 702, Sunny Isle Beach, Florida 33160.1 According to MedSpa’s website, Kogan is
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`also a Licensed Aesthetician, Certified Laser Hair Removal Professional, Licensed Phlebotomist,
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`and a Certified Medical Electrologist.2
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`13.
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`Defendant MedSpa is a Florida domestic corporation with its principal place of
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`business located at 16690 Collins Avenue, Suite 702, Sunny Isle Beach, Florida 33160. According
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`to its website, MedSpa offers a variety of invasive and non-invasive cosmetic procedures.
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`JURISDICTION AND VENUE
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`14.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §
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`1332(a)(1) (diversity jurisdiction) because the amount in controversy exceeds the sum or value of
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`$75,000, exclusive of interest and costs, and this action is between citizens of different states.
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`1 Angela Kogan, LINKEDIN, https://www.linkedin.com/in/angela-kogan-649165174 (last visited
`Aug. 26, 2022).
`2 Perfection MedSpa, Our Staff, https://bayharborperfection.com/about-us (last visited Aug. 26,
`2022).
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`15.
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`This Court also has subject matter jurisdiction over this action pursuant to Section
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`39 of the Lanham Act, 15 U.S.C. § 1121(a), and Sections 4 and 16 of the Clayton Act, 15 U.S.C.
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`§§ 15(a) and 26.
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`16.
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`This Court has personal jurisdiction over Kogan because Kogan is a Florida
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`resident. Additionally, this Court has personal jurisdiction over Kogan pursuant to Fla. Stat.
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`48.193(1)(a)(1) because she operates a business in Florida, and under Fla. Stat 48.193(1)(a)(2)
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`because she committed tortious acts within the state.
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`17.
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`This Court has personal jurisdiction over MedSpa because MedSpa is a Florida
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`domestic corporation, and therefore is authorized to do business here and systematically and
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`continuously conducts business here. MedSpa intentionally avails itself of the markets in Florida
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`through its promotion, marketing, and sale of its products and services in this state.
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`18.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) because Kogan
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`resides in Miami-Dade County, and because MedSpa’s principal place of business is located in
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`Miami-Dade County. Venue is also proper in this District pursuant to 28 U.S.C. § 1391(b)(2)
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`because a substantial part of the events and omissions giving rise to this claim occurred in this
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`District. Florida law applies to this action.
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`STATEMENT OF FACTS
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`Jackson’s Status as a World-Famous Artist and Entrepreneur
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`19.
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`For over twenty years, Jackson has had a multifaceted, public-facing career as a
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`celebrated and award-winning rap artist, actor, and producer. In addition to his performing and
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`recording career, Jackson is a seasoned businessman and entrepreneur.
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`6
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`20.
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`Jackson has founded and/or owns many well-known business ventures, including
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`SMS Audio, Sire Spirits, and SK Energy. He has also hosted a music and comedy festival called
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`Tycoon Fest in Houston, Texas for almost a decade.
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`21.
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`In addition to these businesses, Jackson has leveraged his background into
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`becoming a prolific television producer. As GQ magazine recently noted, he has sold 25 television
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`shows across nine networks with more shows actively in production. GQ appropriately dubbed
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`him as an “entertainment mogul,” having built a “TV empire.”3
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`22.
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`As Jackson is both the strategic mind behind these endeavors and their public face,
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`his name, likeness, and image are integral aspects of his various ventures’ brand identity,
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`marketing, and strategic initiatives.
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`23.
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`Jackson’s name, likeness, and image, therefore, have immense monetary value
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`which is utilized at Jackson’s personal and professional discretion.
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`24.
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`Jackson also has a large and devoted fan base from his many years in the
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`entertainment industry. Jackson has 41 million followers on his Facebook page, 28.2 million
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`followers on his Instagram account, and 12.5 million Twitter followers.
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`25.
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`Because of Jackson’s extensive fan base, his various entertainment and business
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`initiatives receive substantial public attention whenever his activities are mentioned in the media—
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`including when third-parties discuss him and his work.
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`Angela Kogan and MedSpa
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`26.
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`According to MedSpa’s website and Kogan’s LinkedIn profile, Kogan is a licensed
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`aesthetician, amongst other professional titles, who serves as the CEO of MedSpa.
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`3
`(Aug. 25, 2022),
`Julian Kimble, How 50 Cent Conquered Television, GQ
`https://www.gq.com/story/50-cent-tv-empire-power-ghost-raising-kanan-force-bmf.
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`27.
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`Kogan largely showcases MedSpa and her clients on her Instagram account. She
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`also posts photos with celebrity clients.
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`28.
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`Kogan has a significant Instagram following, with approximately 114,000
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`followers. The number of Kogan’s followers would cause her to be categorized as a mid-tier
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`influencer on Instagram, meaning that her posts, including photos and videos, make daily
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`“impressions” on hundreds of thousands of followers and even non-followers via Instagram’s
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`explore page feature or through others sharing her content.4
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`29. MedSpa is a multi-office plastic surgery provider and medical spa. MedSpa
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`describes itself as “sweeping out the nation,” offering procedures ranging from minimally
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`invasive, such as Botox, to invasive plastic surgeries.5
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`30.
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` Like Kogan, MedSpa has a large audience on Instagram. The company has at least
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`four distinct Instagram accounts, two of which are specific to MedSpa’s Sunny Isles Beach
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`(296,000 followers) and Las Vegas (40,100 followers) locations. As of September, 16, 2022, all
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`four MedSpa accounts have a total of approximately 359,786 followers. This means that MedSpa
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`is also able to make impressions on hundreds of thousands of followers and even reach non-
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`followers on a daily basis.
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`Events Prior to August 17, 2022
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`31.
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`On or about February 1, 2020, while on a trip to the Miami area, Jackson happened
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`4 A social media “impression” is a term of art in the social media marketing industry that means
`the number of times a social media user’s posts, videos, or other forms of content are displayed
`before an audience, regardless of whether the individual clicked or engaged with the post.
`Impressions are a useful analytic tool that social media content creators, like Kogan and MedSpa,
`utilize to assess the success of their posts, to gauge their reach, and to inform future paid or organic
`marketing campaigns.
`5 About Us, PERFECTION MEDSPA, https://bayharborperfection.com/about-us (last visited
`September 1, 2022).
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`8
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`to be in the proximity of MedSpa.
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`32.
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`Recognizing Jackson as a famous performing artist, Kogan asked Jackson if he
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`would take a photograph with her. As a celebrity who is routinely asked to take photos with
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`admiring fans, Jackson consented to Kogan’s request for the Photo.
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`33.
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`Jackson agreed to having the Photo taken with the understanding that Kogan, like
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`other fans he has encountered over the course of his 20-plus year long career, simply wanted a
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`photograph with Jackson exclusively for her own private enjoyment.
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`34.
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`On February 1, 2020, MedSpa, under
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`the Sunny Isle Beach handle6
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`“bh_perfection_medspa,” posted the Photo to its public Instagram account. Later on February 3,
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`2020, Kogan, under the handle “angela_mk,” also posted a version of the Photo to her public
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`Instagram account.
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`6 An Instagram “handle” is a social media term of art meaning a user’s unique username. An
`Instagram user’s handle is distinct from the name associated with their profile, which may be used
`by multiple users.
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`9
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`35. MedSpa subsequently reposted the Photo on May 27, 2020, February 22, 2021, and
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`on March 11, 2022.
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`36.
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`Another
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`Instagram account affiliated with MedSpa, under
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`the handle
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`“perfection_medspa,” posted the Photo on December 14, 2021. Then, on August 2, 2021, yet
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`another affiliated Instagram account, under the handle “perfection_plasticsurgery,” posted the
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`Photo.
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`37.
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`Defendants posted the Photo at least seven separate times between February 2020
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`and August 2022 (collectively, the “Original Posts”). Neither on or about February 1, 2020, nor at
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`any time thereafter, did Kogan or MedSpa ask Jackson for permission to use the Photo or his name
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`for any promotional or commercial purpose.
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`10
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`38.
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`Defendants’ use of the Photo for promotional and commercial purposes is
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`evidenced by their use of high-visibility hashtags, self-promoting language, and use of the Photo
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`on official company accounts.
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`39.
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`Several of the Original Posts include high-visibility hashtags within the caption,
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`such as #medspa, #celeb, and #miami. Even worse, three of the Original Posts include a #50Cent
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`hashtag, meaning that any Instagram user looking at photos under this hashtag (which is associated
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`specifically with Jackson) could likely find these images. Defendants’ use of these hashtags is a
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`deliberate digital marketing and corporate branding choice designed to strengthen their reach to
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`consumers.
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`40.
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`Defendants’ posts imply without any subtlety that Jackson endorsed MedSpa’s
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`business and services. The Original Posts serve as attention-seeking MedSpa advertisements and
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`capitalize on Jackson’s fame to do so. Indeed, all of the Original Posts state in the caption that
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`Jackson visited “the number one med spa,” promoting their business in the same breath as
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`highlighting that Jackson had been there.
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`41.
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`The implication that Jackson himself received plastic surgery from Kogan and
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`MedSpa is even more obvious given that MedSpa has posted photos of other celebrities’ who were
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`not their clients, such as YouTuber Lele Pons and musician Bandman Kevo, and included a
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`disclaimer in the caption stating “*Not our client*”.
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`11
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`42.
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`Indeed, a commentator noted on Kogan’s February 3, 2020 post that the Photo
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`implied that Jackson was compensated to take the Photo with Kogan as if he were a paid promoter
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`for MedSpa.
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`12
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`43.
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`Other commentators expressed the misguided belief that Jackson had undergone
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`plastic surgery. Comments on MedSpa’s February 1, 2020, March 11, 2020, February 22, 2021
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`post under the handle “bh_perfection_medspa” include “ Was he there for a booty butt lift?
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`”,
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`“I’m nosey, what he get?”, “Did he Get Lipo?”, and “He be getting work done.” Defendants did
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`nothing to set the record straight and clarify the implication of their posts. Indeed, in response to
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`comments on the February 22, 2021 post, MedSpa replied with mere emojis.
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`44.
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`Jackson never would have consented to Kogan taking a photograph with him had
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`he been informed that Kogan and MedSpa would use the Photo or his name for promotional or
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`commercial purposes. Even if Defendants offered Jackson compensation to use the Photo, he never
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`would have promoted Kogan or MedSpa or licensed his image, likeness, or name to them.
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`45.
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`In addition to posting the Photo on Defendants' social media, Kogan falsely implied
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`in an article published by the blog DANIEL+LAUREN on May 7, 2022 that Jackson was
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`13
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`Defendants’ plastic surgery client.7 Kogan made similarly misleading statements and again shared
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`the Photo for an article published by the blog The Libra Lounge on August 15, 2022.8
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`7 Angela Kogan Celebrates 10 Years of PERFECTION, DANIEL+LAUREN (May 7, 2022),
`https://danielpluslauren.com/2022/05/07/angela-kogan-celebrates-10-years-of-perfection/.
`7 The Face Behind the Face of Perfection, EBBY MAGAZINE, https://www.ebbymagazine.com/the-
`face-behind-the-face-of-perfection/ (last visited Sept. 1, 2022);
`8 Angela Kogan: The Magic Behind the FAB Faces of Bay Harbour Perfection, THE LIBRA
`LOUNGE (Aug. 15, 2022), https://thelibralounge.blog/2022/08/15/angela-kogan-bay-harbour-
`perfection/.
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`46.
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`Kogan also shared the Photo with Ebby Magazine for their article covering Kogan
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`and her business.9
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`47.
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`The Original Posts and Kogan’s false statements about Jackson being Defendants’
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`plastic surgery client amount to a violation of Jackson’s right to publicity because his image and
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`name were knowingly used without Jackson’s consent for the commercial and promotional benefit
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`of Kogan and MedSpa.
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`The Shade Room Publishes the Article with the Photo, Giving Rise to the False Implication
`That Jackson Received Sexual Enhancement Surgery from Defendants
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`48.
`
`On August 17, 2022, The Shade Room, a popular news and celebrity gossip media
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`outlet centered on the Black community, published an exclusive article titled “Penis Enhancements
`
`Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan
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`Speaks On It.”10 Immediately following a statement that “[m]ore men are getting plastic surgery
`
`9 The Face Behind the Face of Perfection, EBBY MAGAZINE, https://www.ebbymagazine.com/the-
`face-behind-the-face-of-perfection/ (last visited Sept. 1, 2022).
`10 Matthew McNulty, Penis Enhancements Are More Popular Than Ever & BBLs are Dying Out:
`Cosmetic Surgery CEO Angela Kogan Speaks On It (Exclusive), THE SHADE ROOM (Aug. 17,
`2022), https://theshaderoom.com/plastic-surgery-trends-bbl-angela-kogan-exclusive/.
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`15
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`(down there) than ever before,” TSR reporter Matthew McNulty quoted Kogan as saying that she
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`“has an extensive clientele of celebrities, including… 50 Cent.”
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`49.
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`On or around August 17, 2022, TSR tweeted a link to the Article on Twitter. The
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`Thumbnail Image used for the article, which was in plain view in the tweet TSR published,11
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`consists of a doctored version of the Photo juxtaposed with a close-up shot of a medical provider
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`presumably performing a penile enhancement procedure on a patient whose face is not visible and
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`whose genitals are obscured by an eggplant emoji. The juxtaposition of the Photo featuring Jackson
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`and Kogan with the picture of the procedure to create the single Thumbnail Image dramatically
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`reinforces the false impression that Jackson had received this sexual enhancement treatment from
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`Defendants.
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`11 Upon information and belief, TSR first published the Thumbnail Image incorporating Jackson’s
`Photo juxtaposed with that of the patient with the eggplant emoji covering his groin, but later
`replaced that image with a photo solely of Kogan and the eggplant patient. Although TSR may
`have made this change, this did not dynamically update the image when it was screengrabbed by
`Kogan and/or MedSpa, or when it was subsequently reshared on their social medial profiles. In
`other words, Kogan and or MedSpa continued to disseminate the offensive image of Jackson even
`after TSR attempted to cover up the misuse of the Jackson Photo.
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`16
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`50.
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`The Article itself reads as a long-form ad for Defendants rather than bona fide
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`journalism. The Article is focused almost exclusively on Kogan and her practice at MedSpa. It
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`prominently states that Defendants have numerous celebrity clients but with a specific emphasis
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`on Jackson (whose Photo appears twice despite the fact that he has never received plastic surgery
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`from Defendants), and showcases Kogan as the sole interviewee. The reporter quotes her as
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`stating: “At the moment we are seeing a major shift in men getting plastic surgery. Men have really
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`stepped up and are getting way more surgery than we think.” This statement is followed
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`immediately by the Photo of Jackson with Kogan.
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`17
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`51.
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`Upon information and belief, the TSR Article was a promotional exercise
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`engineered by Kogan’s talent agent and former patient, Carissa Rossi (“Rossi”), who introduced
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`Kogan to representatives of TSR for the purpose of promoting Defendants’ business. According
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`to her Instagram bio, Rossi “[c]onnect[s] talent and companies with partnerships that are true to
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`their personal brand.” Kogan thanked TSR and Rossi in the caption of her August 17, 2022
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`Instagram post.
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`52.
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`The fact that the Article is a promotional piece rather than journalism is reinforced
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`by the fact that Defendants’ own Instagram posts, rather than images such as stock photos, are
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`displayed throughout the body of the Article. A person reading the Article has the ability to click
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`the Instagram links in the Article to be brought directly to MedSpa’s various Instagram accounts.
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`The Instagram posts throughout the Article also show the full captions associated with each post.
`
`18
`
`

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`Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 19 of 32
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`These captions include MedSpa’s phone number, statements entreating the viewer to call for a free
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`consultation, and offers of promotional discounts on cosmetic surgeries and procedures. The use
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`of Defendants’ Instagram posts throughout further establish that the Article itself serves a
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`commercial and advertising purpose for Defendants.
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`53.
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`Additionally, the article concludes with one last promotional push: “Those
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`interested in a consult with Dr. Kogan, the ‘first and only plastic surgery in Sunny Isles,’ can do
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`so by filling out a form here.”12
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`54.
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`After the Article was published, on August 17, 2022, Kogan posted a video to her
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`public Instagram account that scrolled through the Article. The video begins with a lingering still
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`shot of the Thumbnail Image. The Thumbnail Image, as the first graphic that appears in the video,
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`is the image that is visible from the grid view of Kogan’s profile.13
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`55.
`
`As she did previously with the Original Posts, Kogan included several high
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`visibility hashtags in her post captions, such as #plasticsurgery, #theshaderoom, #celebrity, and
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`#penis, clearly with the intention of gaining traction for the post and, by extension, for Kogan and
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`her business.
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`56.
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`On the same day, MedSpa acted in lockstep with Kogan, posting the same video
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`with a substantially similar caption, which included even more hashtags than Kogan had in her
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`post.
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`12 The word “here” is hyperlinked to this form: https://form.jotform.com/221035080660141
`13 By using the Thumbnail Image as the primary asset on their posts after August 17, 2022,
`Defendants are intentionally directing viewers to read the Article. Thumbnail images are often
`hyperlinked to the article in question, sending the viewer directly to the article in question. At a
`minimum, if a thumbnail image is not hyperlinked, the viewer is indirectly encouraged to seek out
`the article.
`
`19
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`

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`Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 20 of 32
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`57.
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`As of September 16, 2022, Kogan and MedSpa’s Instagram posts showing the
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`Thumbnail Image incorporating the Jackson Photo are still live on their profiles.
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`Reception to Kogan and MedSpa’s Resharing the Article
`Featuring Jackson’s Photo and the Thumbnail Image
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`58.
`
`Since Defendants began repeatedly posting the Thumbnail Image to their social
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`media accounts, Jackson has been subjected to lewd, lascivious, and sexually objectifying
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`comments from members of the public who wrongly believed that Jackson had undergone a penile
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`enhancement procedure and that he endorsed Defendants. Additionally, other media outlets and
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`publications have subsequently reshared the contents of the original TSR Article and the Photo.
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`59.
`
`As the result of Defendants’ misappropriation of Jackson’s name and image,
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`commentators on Defendants’ posts have amplified the impression that Jackson endorsed
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`Defendants and that he himself had undergone a penile enhancement procedure. On MedSpa’s
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`August 17, 2022 post under the handle “bh_perfection_medspa,” one commentator crudely posted
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`“Call him 50 inch
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`.” On the same post, another commentator posted “@50cent Can I see the
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`before and after pics?” Similar comments can be found on Kogan’s August 17, 2022 post, such as:
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`“Did 50 see this I don’t think he gone like that
`
`”, “Wait so 50 got his
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` done or what?”, “Why
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`they got 50 cent up there talking bout
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` enlargement
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`”, “@_cuban_link what work did
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`@50cent get?? @angela_mk”.14, 15 Given that these posts are still live and publicly available, they
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`can continue to mislead consumers and bring Jackson’s name into disrepute.
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`14 The @ symbol before an Instagram user’s handle creates a direct hyperlink to that specific user’s
`account. Using the @ symbol to generate this hyperlink to an individual’s account is referred to as
`“tagging.” Additionally, depending on a user’s personalized settings, the person being tagged will
`typically receive a notification that they were tagged in a comment.
`15 The Instagram handle “_cuban_link” belongs to Jamira Haines, a/k/a Cuban Link, who is
`Jackson’s girlfriend. The Instagram handle “50cent” belongs to Jackson.
`
`20
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`Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 21 of 32
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`60.
`
`Kogan and MedSpa, when sharing Jackson’s image in association with a sexual
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`enhancement procedure, should have known that this could lead to vulgar and sexually charged
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`comments about Jackson and his body, particularly in light of the ways that Black men in U.S.
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`history have been, and continue to be, sexualized and fetishized. These attitudes and stereotypes
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`are extremely apparent when reading the comments on Kogan and MedSpa’s posts.
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`61.
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`Additionally, several other pop culture outlets have published substantially similar
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`articles as TSR’s article, including the Photo and the false assertion that Jackson is one of Kogan’s
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`plastic surgery patients.16
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`62.
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`Kogan’s talent agent Rossi also posted the Thumbnail Image and another post about
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`the Article to her professional Instagram account under the handle “crossientertainment.”
`
`63.
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`Defendants’ self-promotion through the use of Jackson’s name and image, as well
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`as amplifying the false insinuation to media outlets that Jackson is a plastic surgery client, amounts
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`to an egregious violation Jackson’s right to publicity, false endorsement, false advertising,
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`conversion, and unjust enrichment. Defendants did so to benefit themselves financially and in the
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`face of their audience at the expense of Jackson’s reputation and dignity.
`
`16 Zack Zwiezen, According to Med Spa CEO, more men are finding work (below), The Hiu (Aug.
`18, 2022), https://thehiu.com/according-to-med-spa-ceo-more-men-are-finding-work-below/;
`Penis Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery
`(Exclusive), NEWS WWC (August 18, 2022),
`CEO Angela Kogan Speaks On
`it
`https://www.newswwc.com/entertainment/celebrity-news/penis-enhancements-are-more-
`popular-than-ever-bbls-are-dying-out-cosmetic-surgery-ceo-angela-kogan-speaks-on-it-
`exclusive/; Penis Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic
`Surgery CEO Angela Kogan Speaks On it (Exclusive), Star News (Aug. 18, 2022),
`https://www.starsnews.co/19956773/penis-enhancements-are-more-popular-than-ever-amp-bbls-
`are-dying-out-cosmetic-surgery-ceo-angela-kogan-speaks-on-it-exclusive#/.
`
`21
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`

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`Case 1:22-cv-22972-XXXX Document 1 Entered on FLSD Docket 09/16/2022 Page 22 of 32
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`COUNT I
`(RIGHT OF PUBLICITY – UNAUTHORIZED MISAPPROPRIATION OF
`NAME/LIKENESS PURSUANT TO FLA. STAT. § 540.08 AGAINST ALL
`DEFENDANTS)
`
`64.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 63 above as if fully set forth he