50 Cent has been accused of blaming the wrong entity for spreading false information about him having allegedly undergone a penis enlargement procedure.
Attorneys for Angela Kogan — the MedSpa owner named as the defendant in 50’s ongoing lawsuit — have countered the rapper’s allegations by pointing the finger at The Shade Room instead.
According to court documents obtained by AllHipHop, the defense claims 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 state. “The Shade Room is the author of the Article, and pulled the Photo from Kogan’s social media without Kogan’s permission or consent.
It continued: “The Shade Room is the publisher of the Article, and Plaintiff has improperly applied the actions of The Shade Room to Defendant.”
The Queens legend filed his lawsuit in September, alleging that Angela Kogan 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.
Kogan 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, Kogan is also arguing that the Instagram post using the picture of her and 50 was intended to thank the rapper for visiting her office and not actually endorsing it. The G-Unit boss, on the other hand, has said that he only agreed to take the photo because he believed Angela Kogan was a fan.
In the latest filings, the service provider and her attorneys have also argued that 50 is not owed any compensation because he is not the rightful owner of the photo in question. Kogan further states that, while she was interviewed by The Shade Room, the site chose to use the photo of her and 50 Cent 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.
“As the proverbial saying goes, a picture is worth a thousand words,” Scola 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.”
He added: “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, 2023, however there is still the chance that the parties involved will reach a settlement before then.
[via]
