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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Civil Case No.: 1:22-cv-22972-RNS/GOODMAN

CURTIS J. JACKSON, III p/k/a 50 CENT,

Plaintiff,

 v. 

ANGELA KOGAN, PERFECTION PLASTIC 

SURGERY, INC. d/b/a PERFECTION PLASTIC 

SURGERY & MEDSPA, and THE SHADE 

ROOM, LLC d/b/a THE SHADE ROOM,

Defendants.

________________________________________/

JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT

Plaintiff Curtis J. Jackson, III p/k/a 50 Cent (“Plaintiff” or “Jackson”), by and through his 

undersigned counsel, for his First Amended Complaint against Defendants Angela Kogan 

(“Kogan”), Perfection Plastic Surgery, Inc. d/b/a Perfection Plastic Surgery & MedSpa 

(“MedSpa”), and The Shade Room, LLC d/b/a The Shade Room (“TSR” or “The Shade Room”)

(collectively, “Defendants”), hereby alleges as follows:

INTRODUCTION

This case is about the abuse of a popular entertainer and businessman’s act of goodwill by 

an unscrupulous business owner for her own economic gain and by a gossip tabloid intent on 

driving clicks and ad revenue at the expense of the truth. Under false pretenses, Defendant Angela 

Kogan took a photograph with Plaintiff Curtis J. Jackson, III (the “Photo”) and subsequently used 

it to promote her business without Jackson’s consent. Kogan and MedSpa also falsely implied in

several online publications that Jackson was their plastic surgery client. Two years after the Photo 

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was taken, the Photo was shockingly utilized in an article in the gossip publication The Shade 

Room to support the false insinuation that Kogan or MedSpa had provided a penile enhancement 

treatment to Jackson. Jackson never had such a sexual enhancement procedure, he has never 

received plastic surgery from Kogan or MedSpa, and he never consented to the commercialization 

and publication of the Photo. Although Kogan and MedSpa participated in creating the article, 

they have insisted that the use of Jackson’s photo and the false insinuation that Jackson had surgical 

procedures was solely the work of The Shade Room. Defendants’ actions have exposed Jackson 

to ridicule, caused substantial damage to his professional and personal reputation, and violated his 

right to control his name and image (which has significant economic value).

STATEMENT OF THE CASE

1. On or about February 1, 2020, Plaintiff Curtis J. Jackson, III—a world-famous 

celebrity and entrepreneur—graciously agreed to have the Photo taken with someone he thought 

was a fan. Jackson could not have known at the time that this Photo would repeatedly be exploited

as promotional content by, and as a false endorsement for, a well-known aesthetician and business 

owner in the Miami area, Defendant Angela Kogan, and for Kogan’s plastic surgery company, 

Defendant MedSpa. In the over two years since the Photo was taken, Kogan and MedSpa have 

used Jackson’s image and name for advertising and publicity purposes on their social media 

accounts. Jackson never consented to his image, likeness, and name being used in this manner. 

2. Moreover, two and a half years after the Photo was taken, Kogan and MedSpa’s

misuse of Jackson’s image took a significantly more disturbing turn. On August 17, 2022, TSR, a 

pop-culture media outlet that focuses on the Black community, published an article (the “Article”) 

featuring Kogan discussing the apparent rise in plastic surgery for men, with a specific focus on

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male sexual enhancement procedures. The Photo Kogan took with Jackson two years prior was 

used as part of a thumbnail image that appears any time the Article is shared or posted online.

3. The implication was clear: in the TSR Article, the Photo is juxtaposed with an 

image of a faceless male obtaining a penile enhancement procedure, with a euphemistic eggplant 

emoji covering his exposed groin area (the “Thumbnail Image”). None of the Defendants sought 

Jackson’s permission to use the Photo, let alone in this particular manner. Even if any of the 

Defendants had asked for permission, Jackson never would have consented to any of their 

commercial use of the Photo, especially not in this context. 

4. Not only were Jackson’s image and name linked to a sexual enhancement treatment

he never had, but Kogan also falsely implied to the TSR reporter that Jackson was her client for 

plastic surgery more generally. The Article states that “Angela Kogan... has an extensive clientele 

of celebrities, including... 50 Cent” in the context of discussing plastic surgery. Kogan and 

MedSpa were aware that Jackson had never received plastic surgery at MedSpa because, as 

providers of healthcare services, they would have no doubt as to whether an individual was treated 

by them. 

5. To be abundantly clear, Jackson never obtained: (a) plastic surgery procedures from 

Kogan or MedSpa, or (b) the penile enhancement or other procedures described in the Article. 

6. Adding further insult to injury, Kogan, MedSpa, and TSR repeatedly shared the 

Article across their various Instagram and social media accounts. In their doing so, the Thumbnail

Image was prominently displayed in almost every public post they shared. Additionally, the 

captions on Kogan and MedSpa’s posts contained popular hashtags, as well as company-specific 

hashtags, which are commonly used to generate greater visibility and reach for the posts and, by 

extension, the company itself. 

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7. TSR’s Instagram account alone has nearly thirty million followers, and Kogan and 

MedSpa’s collective Instagram accounts have nearly half a million followers. The Photo has 

therefore been exposed to the wide audience of Defendants’ followers, inevitably leading many of 

those followers to misconstrue Jackson’s image and name as an endorsement of Kogan and 

MedSpa’s business, or as verification that Jackson himself had received the plastic surgery 

procedures described in the Article. Indeed, comments made on the various Instagram and other 

social media posts already leave no doubt that consumers have been misled in this manner by 

Defendants.

8. From repeatedly re-sharing the Photo prior to August 17, 2022, to resharing the 

doctored Thumbnail Image on numerous occasions since then, Kogan and MedSpa 

opportunistically misappropriated Jackson’s name and image for their own promotional and 

commercial advantage. These actions amount to clear violations of the Lanham Act as well as

violations of Jackson’s right to publicity, specifically, his right not to have his name and image 

appropriated for commercial exploitation by others without his express consent. Kogan and 

MedSpa’s acts also constitute conversion and unjust enrichment.

9. By publishing the Article and falsely stating or implying that Jackson had received 

plastic surgery procedures from Kogan or MedSpa, or the penile enhancement or other procedures 

described in the Article, TSR committed a clear act of defamation. The Article was particularly 

egregious because TSR believed it was publishing Jackson’s private medical information which is 

not newsworthy or a subject of public interest. Kogan and MedSpa now claim that The Shade 

Room unilaterally took and used the Photo of Jackson for the Article without Kogan or MedSpa’s 

permission.

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10. As a result of the ongoing invasion of Jackson’s publicity and the violation of his 

rights to control his own image and name (and the substantial economic value of these aspects of 

Jackson’s identity), Plaintiff has suffered, and continues to suffer, irreparable harm for which 

money damages are inadequate. Therefore, Plaintiff seeks an order enjoining Kogan and MedSpa

from: falsely stating that Jackson is their client; sharing or publishing the Photo on social media, 

electronic media, or any other form of media whatsoever; and engaging in any other actions that 

would imply that Jackson supports or endorses Kogan and/or MedSpa.

11. Alternatively, Plaintiff seeks from Kogan and MedSpa compensatory damages, 

treble damages under the Lanham Act, punitive damages, disgorgement of any direct and indirect 

profits earned by Kogan and MedSpa in connection with their use of Jackson’s name and image, 

attorney’s fees and costs for Lanham Act violations, and royalties.

12. Plaintiff separately seeks compensatory damages, as well as injunctive relief, a 

retraction, and an apology from TSR.

13. While Jackson’s damages have yet to be determined with particularity, they exceed 

the jurisdictional amount of $75,000 and likely amount to millions of dollars.

PARTIES

14. Plaintiff is a citizen of Texas and resides in Houston, Texas. Jackson is a Grammyaward winning rap artist, investor, entrepreneur, and philanthropist who is commonly known by 

his stage name 50 Cent. Given his extensive and successful career, Jackson’s image, name, and 

identity have substantial commercial value.

15. Upon information and belief, Defendant Angela Kogan is a citizen of the State of 

Florida and resides in Miami-Dade County. According to her public LinkedIn profile, Kogan is 

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 

also a Licensed Aesthetician, Certified Laser Hair Removal Professional, Licensed Phlebotomist, 

and a Certified Medical Electrologist.2

16. Defendant MedSpa is a Florida domestic corporation with its principal place of 

business currently located at 16690 Collins Avenue, Suite 702, Sunny Isle Beach, Florida 33160.

According to its website, MedSpa offers a variety of invasive and non-invasive cosmetic 

procedures. Upon information and belief, MedSpa is owned by non-party Iris Kogan, and employs 

physicians including non-party Drs. Pierre S. Gordon, Victoria Karlinsky-Bellini, Carol Kim Le, 

and Christian Luis Quintero. Upon information and belief Defendant Angela Kogan is the 

managing employee and office manager of MedSpa.

17. Defendant The Shade Room, LLC d/b/a The Shade Room is a California limited 

liability company which lists its business address with the California Secretary of State as 1880 

Century Park East, Suite 950, Los Angeles, California 90067. TSR engages in substantial activity 

within Florida, including intentionally availing itself of the markets in the state through its 

promotion and marketing of its products or services in this state. Upon information and belief, 

TSR’s principal member is Angelica Nwandu, who, on information and belief, is a California 

resident. TSR is a media company specializing in celebrity news and gossip.

1 Angela Kogan, LINKEDIN, https://www.linkedin.com/in/angela-kogan-649165174 (last visited 

Jan. 16, 2023).

2 Perfection MedSpa, Our Staff, https://bayharborperfection.com/about-us (last visited Jan. 16, 

2023).

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JURISDICTION AND VENUE

18. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§ 1332(a)(1) (diversity jurisdiction) because the amount in controversy exceeds the sum or value 

of $75,000, exclusive of interest and costs, and this action is between citizens of different states. 

19. This Court also has subject matter jurisdiction over this action pursuant to Section 

39 of the Lanham Act, 15 U.S.C. § 1121(a), and Sections 4 and 16 of the Clayton Act, 15 U.S.C. 

§§ 15(a) and 26.

20. This Court has personal jurisdiction over Kogan because Kogan is a Florida 

resident. Additionally, this Court has personal jurisdiction over Kogan pursuant to Fla. Stat. 

48.193(1)(a)(1) because she operates a business in Florida, and under Fla. Stat 48.193(1)(a)(2) 

because she committed tortious acts within the state.

21. This Court has personal jurisdiction over MedSpa because MedSpa is a Florida 

domestic corporation, and therefore is authorized to do business here and systematically and 

continuously conducts business here. MedSpa intentionally avails itself of the markets in Florida 

through its promotion, marketing, and sale of its products and services in this state. 

22. This Court has personal jurisdiction over TSR because TSR committed a tortious 

act within this state, falsely reported on activities purported to have taken place within this state,

and has engaged in substantial activity within this state, including intentionally availing itself of 

the markets in Florida through its promotion and marketing of its products or services in this state.

Further, this Court has personal jurisdiction over TSR because the Article was published to TSR’s 

website and social media and was accessible within—and was actually accessed from—the State 

of Florida.

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23. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) because Kogan 

resides in Miami-Dade County, and because MedSpa’s principal place of business is located in 

Miami-Dade County. Venue is also proper in this District pursuant to 28 U.S.C. § 1391(b)(2)

because a substantial part of the events and omissions giving rise to this claim occurred in this 

District, including publication and viewing of the Article. Florida law applies to this action. 

STATEMENT OF FACTS

Jackson’s Status as a World-Famous Artist and Entrepreneur

24. For over twenty years, Jackson has had a multifaceted, public-facing career as a 

celebrated and award-winning rap artist, actor, and producer. In addition to his performing and 

recording career, Jackson is a seasoned businessman and entrepreneur. 

25. Jackson has founded and/or owns many well-known business ventures, including 

SMS Audio, Sire Spirits, and SK Energy. He has also hosted a music and comedy festival called 

Tycoon Fest in Houston, Texas for almost a decade. 

26. In addition to these businesses, Jackson has leveraged his background into 

becoming a prolific television producer. As GQ magazine recently noted, he has sold 25 television 

shows across nine networks with more shows actively in production. GQ appropriately dubbed 

him as an “entertainment mogul,” having built a “TV empire.”

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27. As Jackson is both the strategic mind behind these endeavors and their public face, 

his name, likeness, and image are integral aspects of his various ventures’ brand identity, 

marketing, and strategic initiatives.

3

Julian Kimble, How 50 Cent Conquered Television, GQ (Aug. 25, 2022), 

https://www.gq.com/story/50-cent-tv-empire-power-ghost-raising-kanan-force-bmf.

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28. Jackson’s name, likeness, and image, therefore, have immense monetary value 

which is utilized at Jackson’s personal and professional discretion.

29. Jackson also has a large and devoted fan base from his many years in the 

entertainment industry. Jackson has 41 million followers on his Facebook page, 28.6 million 

followers on his Instagram account, and 12.7 million Twitter followers.

30. Because of Jackson’s extensive fan base, his various entertainment and business 

initiatives receive substantial public attention whenever his activities are mentioned in the media—

including when third-parties discuss him and his work.

Angela Kogan and MedSpa

31. According to MedSpa’s website and Kogan’s LinkedIn profile, Kogan is a licensed 

aesthetician, amongst other professional titles, who serves as the CEO of MedSpa.

32. Kogan largely showcases MedSpa and her clients on her Instagram account. She 

also posts photos with celebrity clients. 

33. Kogan has a significant Instagram following, with approximately 141,000 

followers. The number of Kogan’s followers would cause her to be categorized as a mid-tier 

influencer on Instagram, meaning that her posts, including photos and videos, make daily 

“impressions” on hundreds of thousands of followers and even non-followers via Instagram’s 

explore page feature or through others sharing her content.

4

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. 

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34. MedSpa is a multi-office plastic surgery provider and medical spa. MedSpa 

describes itself as “sweeping out the nation,” offering procedures ranging from minimally 

invasive, such as laser hair removal, to invasive plastic surgeries.

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35. Like Kogan, MedSpa has a large audience on Instagram. The company has at least 

four distinct Instagram accounts, two of which are specific to MedSpa’s Sunny Isles Beach

(306,000 followers) and Las Vegas (41,800 followers) locations. As of January 16, 2023, all four

MedSpa accounts have a total of more than 370,000 followers. This means that MedSpa is also 

able to make impressions on hundreds of thousands of followers and even reach non-followers on 

a daily basis. 

Events Prior to August 17, 2022

36. On or about February 1, 2020, while on a trip to the Miami area, Jackson happened 

to be in the proximity of MedSpa.

37. Recognizing Jackson as a famous performing artist, Kogan asked Jackson if he 

would take a photograph with her. As a celebrity who is routinely asked to take photos with 

admiring fans, Jackson consented to Kogan’s request for the Photo. 

38. Jackson agreed to having the Photo taken with the understanding that Kogan, like 

other fans he has encountered over the course of his 20-plus year long career, simply wanted a 

photograph with Jackson exclusively for her own private enjoyment.

39. On February 1, 2020, MedSpa, under the Sunny Isle Beach handle6

“bh_perfection_medspa,” posted the Photo to its public Instagram account. Later on February 3, 

5 About Us, PERFECTION MEDSPA, https://bayharborperfection.com/about-us (last visited Jan. 16, 

2023). 

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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2020, Kogan, under the handle “angela_mk,” also posted a version of the Photo to her public 

Instagram account.

40. MedSpa subsequently reposted the Photo on May 27, 2020, February 22, 2021, and 

on March 11, 2022.

41. Another Instagram account affiliated with MedSpa, under the handle 

“perfection_medspa,” posted the Photo on December 14, 2021. Then, on August 2, 2021, yet 

another affiliated Instagram account, under the handle “perfection_plasticsurgery,” posted the 

Photo.

42. Kogan and MedSpa posted the Photo at least seven separate times between 

February 2020 and August 2022 (collectively, the “Original Posts”). Neither on or about February 

1, 2020, nor at any time thereafter, did Kogan or MedSpa ask Jackson for permission to use the 

Photo or his name for any promotional or commercial purpose. 

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43. Kogan and MedSpa’s use of the Photo for promotional and commercial purposes 

is evidenced by their use of high-visibility hashtags, self-promoting language, and use of the Photo 

on official company accounts. 

44. Several of the Original Posts include high-visibility hashtags within the caption, 

such as #medspa, #celeb, and #miami. Even worse, three of the Original Posts include a #50Cent 

hashtag, meaning that any Instagram user looking at photos under this hashtag (which is associated 

specifically with Jackson) could likely find these images. Kogan and MedSpa’s use of these

hashtags is a deliberate digital marketing and corporate branding choice designed to strengthen 

their reach to consumers.

45. Kogan and MedSpa’s posts imply without any subtlety that Jackson endorsed 

MedSpa’s business and services. The Original Posts serve as attention-seeking MedSpa 

advertisements and capitalize on Jackson’s fame to do so. Indeed, all of the Original Posts state in 

the caption that Jackson visited “the number one med spa,” promoting their business in the same 

breath as highlighting that Jackson had been there.

46. The implication that Jackson himself received plastic surgery from Kogan and 

MedSpa is even more obvious given that MedSpa has posted photos of other celebrities who were 

not their clients, such as YouTuber Lele Pons and musician Bandman Kevo, and included a 

disclaimer in the caption stating “*Not our client*”.

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47. Indeed, a commentator noted on Kogan’s February 3, 2020 post that the Photo

implied that Jackson was compensated to take the Photo with Kogan as if he were a paid promoter 

for MedSpa.

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48. Other commentators expressed the misguided belief that Jackson had undergone 

plastic surgery. Comments on MedSpa’s February 1, 2020, March 11, 2020, February 22, 2021 

post under the handle “bh_perfection_medspa” include “ Was he there for a booty butt lift? ”,

“I’m nosey, what he get?”, “Did he Get Lipo?”, and “He be getting work done.” Kogan and 

MedSpa did nothing to set the record straight and clarify the implication of their posts. Indeed, in 

response to comments on the February 22, 2021 post, MedSpa replied with mere emojis. 

49. Jackson never would have consented to Kogan taking a photograph with him had 

he been informed that Kogan and MedSpa would use the Photo or his name for promotional or 

commercial purposes. Even if Kogan or MedSpa offered Jackson compensation to use the Photo, 

he never would have promoted Kogan or MedSpa or licensed his image, likeness, or name to them.

50. In addition to posting the Photo on Kogan and MedSpa’s social media, Kogan 

falsely implied in an article published by the blog DANIEL+LAUREN on May 7, 2022 that 

Jackson was Kogan and MedSpa’s plastic surgery client.

7 Kogan and/or her representatives were 

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/.

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directly involved in the drafting and publication of that DANIEL+LAUREN blog post. On May 7, 

2022, the day the post was published, a DANIEL+LAUREN representative promised to send 

Kogan or her representative a rough draft of the post before it was published. Kogan or her 

representatives provided line edits to the blog post, including changing the title and the text of the 

post, and DANIEL+LAUREN published the requested edits verbatim, even including 

typographical errors:

However, Kogan and her representatives never requested that the blog remove the reference to 

Jackson.

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51. Kogan made similarly misleading statements and again shared the Photo for an 

article published by the blog The Libra Lounge on August 15, 2022.

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52. Kogan provided information for the article posted to The Libra Lounge and, on 

information and belief, even paid for the article to be posted. Indeed, on August 13, 2022, Kogan

or her representative sent the blog a message asking “Can you throw up that article by Monday”

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-harbourperfection/.

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and stating “I’m just going to mail you a check.” Again, the information provided by Kogan or her 

representative was published verbatim on the blog:

53. Kogan also shared the Photo with Ebby Magazine for their article covering Kogan 

and her business.9 Prior to publication, Ebby Magazine shared the text of the article with Kogan’s 

talent agent and former patient, Carissa Rossi (“Rossi”), who approved the article, writing “It’s 

perfect—let’s go live.”

9 The Face Behind the Face of Perfection, EBBY MAGAZINE, https://www.ebbymagazine.com/theface-behind-the-face-of-perfection/ (last visited Sept. 1, 2022).

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54. The Original Posts and Kogan’s false statements about Jackson being Kogan and 

MedSpa’s plastic surgery client amount to a violation of Jackson’s right to publicity because his 

image and name were knowingly used without Jackson’s consent for the commercial and 

promotional benefit of Kogan and MedSpa.

The Shade Room Publishes the Article with the Photo, Giving Rise to the False Implication 

That Jackson Received Sexual Enhancement Surgery from Kogan and MedSpa

55. On August 17, 2022, The Shade Room, a popular news and celebrity gossip media 

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 

Speaks On It.”

10 The Article was available on TSR’s website, theshaderoom.com, and its multiple 

social media platforms, including within the State Florida. (Upon information and belief, TSR has 

since removed the article from its website.11)

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/. 

11 As of the date of filing, preserved versions of the Article remain viewable via the Internet 

Archive website at https://web.archive.org/web/20220817210012/

https://theshaderoom.com/plastic-surgery-trends-bbl-angela-kogan-exclusive/.

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56. The Shade Room has a wide reach—it has nearly 30 million followers on 

Instagram, more than 5.5 million followers on Facebook, and nearly 775,000 followers on Twitter.

57. The Shade Room’s website is organized into categories like “Celebs,” “News & 

Politics,” and “Beauty & Style.” TSR also organizes articles with “tags,” including a “Florida” tag 

and webpage that include articles with articles focused on Florida events and geared towards a 

Florida audience.12 The webpage includes articles with headlines like “Florida Family Seeks 

Justice After OB-GYN Administers Anesthesia On BBL Patient Who Never Woke Up From 

Surgery” and “Sheriff: Florida Cop Accidentally Fatally Shoots Best Friend & Fellow Police 

Officer While Playing Video Games.”

58. The Article on the TSR website was surrounded by paid advertisements next to and 

below the substance of the Article, as well as internal advertisements promoting other TSR content.

59. In the Article, immediately following a statement that “[m]ore men are getting 

plastic surgery (down there) than ever before,” TSR reporter Matthew McNulty quoted Kogan as 

saying that she “has an extensive clientele of celebrities, including ... 50 Cent.”

60. In the morning of August 17, 2022, before the Article was published later that day, 

McNulty met with Kogan and her talent agent Rossi via FaceTime video chat. Immediately 

thereafter, Rossi provided McNulty with images of Kogan and MedSpa, presumably for use in the 

Article. Upon information and belief, Kogan and Rossi were located within the State of Florida at 

the time.

12 Florida Archives, THE SHADE ROOM, https://theshaderoom.com/tag/florida/ (last visited Jan. 16, 

2023).

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61. After the Article was published, that same afternoon Rossi asked TSR to correct 

the Article to accurately reflect the number of MedSpa’s Instagram followers. TSR made the edit 

to the Article as requested:

However, Kogan and Rossi did not request that Jackson’s name or image be removed. More 

damning, they did not request that the Article be edited to eliminate the clear but false implication 

that Jackson had received penile enhancement treatment from Kogan and MedSpa.

62. On or around August 17, 2022, TSR tweeted a link to the Article on Twitter, which 

was publicly accessible, including within the State of Florida. The Thumbnail Image used for the 

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article, which was in plain view in the tweet TSR published,13 consists of a doctored version of the 

Photo juxtaposed with a close-up shot of a medical provider presumably performing a penile 

enhancement procedure on a patient whose face is not visible and whose genitals are obscured by 

an eggplant emoji. The juxtaposition of the Photo featuring Jackson and Kogan with the picture of 

the procedure to create the single Thumbnail Image dramatically reinforces the false impression 

that Jackson had received this sexual enhancement treatment from Kogan and MedSpa.

13 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. The change of the photo was not 

completed before users noticed the image of Jackson, with individuals on TSR's Facebook page 

commenting "I see yall took 50 Cent picture down" and "I just check the one from 17 hours ago. 

They did in fact edit out 50 cent" and an individual on Twitter posted, "What 50 say to make y'all 

take his pic down??"

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63. Of course, the Article was false—Jackson had not received sexual enhancement or 

any other plastic surgery procedures from Kogan or MedSpa. Yet The Shade Room egregiously 

published what it believed to be Jackson’s personal, private medical information for the world to 

see. (Had the information been accurate, which it was not, the disclosure of such medical 

information would undoubtedly have been in violation of the Health Insurance Portability and 

Accountability Act and other laws. In any event, there is no public interest or newsworthiness in 

Jackson’s private medical procedures.)

64. TSR also posted a link to the Article on its Instagram account, and included in the 

caption of the Instagram post that “Angela Kogan ... has an extensive clientele of celebrities, 

including 50 Cent ....” Comments to the TSR’s Instagram post made it clear that viewers believed 

the Article’s false claims that Jackson had received surgical procedures from Kogan or MedSpa, 

and believed that he had given permission for the use of his name or likeness. One commenter 

Case 1:22-cv-22972-RNS Document 29 Entered on FLSD Docket 01/16/2023 Page 22 of 50
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wrote, “Is it true @50cent?” and underneath that, another wrote “I’m sure they signed a waiver, 

giving her [Kogan] permission to. She has all of their pics on her page.”

65. The Article itself reads as a long-form advertisement or promotion for Kogan and 

MedSpa rather than bona fide journalism. The Article is focused almost exclusively on Kogan and 

her practice at MedSpa. It prominently states that Kogan and MedSpa have numerous celebrity 

clients but with a specific emphasis on Jackson (whose Photo appears twice despite the fact that

he has never received plastic surgery from Kogan or MedSpa), and showcases Kogan as the sole 

interviewee. The reporter quotes her as stating: “At the moment we are seeing a major shift in men 

getting plastic surgery. Men have really stepped up and are getting way more surgery than we 

think.” This statement is followed immediately by the Photo of Jackson with Kogan.

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66. Upon information and belief, the TSR Article was a promotional exercise 

engineered by Rossi, who introduced Kogan to representatives of TSR for the purpose of 

promoting Kogan and MedSpa’s business. According to her Instagram bio, Rossi “[c]onnect[s] 

talent and companies with partnerships that are true to their personal brand.” Kogan thanked TSR 

and Rossi in the caption of her August 17, 2022 Instagram post. Upon information and belief, 

Rossi is a Florida resident and her efforts to engineer of the Article were performed from within 

the State of Florida.

67. The fact that the Article is a promotional piece rather than journalism is reinforced 

by the fact that Kogan and MedSpa’s own Instagram posts, rather than images such as stock photos,

are displayed throughout the body of the Article. A person reading the Article has the ability to 

click the Instagram links in the Article to be brought directly to MedSpa’s various Instagram 

accounts. The Instagram posts throughout the Article also show the full captions associated with 

each post. These captions include MedSpa’s phone number, statements entreating the viewer to 

call for a free consultation, and offers of promotional discounts on cosmetic surgeries and 

procedures. The use of Kogan and MedSpa’s Instagram posts throughout further establish that the 

Article itself serves a commercial and advertising purpose for Kogan and MedSpa. 

68. Additionally, the article concludes with one last promotional push: “Those 

interested in a consult with Dr. Kogan, the ‘first and only plastic surgery in Sunny Isles,’ can do 

so by filling out a form here.”

14

69. Upon information and belief, the promotional effort was successful. For example, 

on a link to the Article posted to TSR’s Facebook page on or about August 18, 2022, one 

commenter wrote: “Consultation appointment made! ”

14 The word “here” is hyperlinked to this form: https://form.jotform.com/221035080660141.

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70. In their pleadings in response to the original Complaint filed in this action and in a 

sworn declaration filed in connection with the motion to dismiss, Kogan and MedSpa claim that 

they did not provide TSR with photos of Jackson or create the Thumbnail Image, and that TSR

created the Thumbnail Image and “pulled the Photo from Kogan’s social media without Kogan’s 

permission or consent.”

71. After the Article was published on August 17, 2022, Kogan posted a video to her

public Instagram account that scrolled through the Article. The video begins with a lingering still 

shot of the Thumbnail Image. The Thumbnail Image, as the first graphic that appears in the video, 

is the image that is visible from the grid view of Kogan’s profile.15 Upon information and belief, 

Kogan accessed the Article, recorded herself scrolling through the Article, and posted the 

recording from within the State of Florida.

72. As she did previously with the Original Posts, Kogan included several high 

visibility hashtags in her post captions, such as #plasticsurgery, #theshaderoom, #celebrity, and 

#penis, clearly with the intention of gaining traction for the post and, by extension, for Kogan and 

her business. 

73. On the same day, MedSpa acted in lockstep with Kogan, posting the same video 

with a substantially similar caption, which included even more hashtags than Kogan had in her 

post. Upon information and belief, MedSpa’s post of the Article was from within the State of 

Florida.

15 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.

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74. As of September 16, 2022—the date the original Complaint in this action was 

filed—Kogan and MedSpa’s Instagram posts showing the Thumbnail Image incorporating the 

Jackson Photo were still live on their profiles.

75. The Article was extremely popular. On August 18, 2022, the day after its 

publication, McNulty sent a message to Kogan and Rossi stating “It’s still #2 on our website 

second day in a row.” Upon information and belief, without the use of Jackson’s name or image—

never mind the lurid innuendo that Jackson had received penile enhancement treatment—the 

Article would have been significantly less popular, and therefore less lucrative for TSR’s 

advertising revenue.

76. On August 19, 2022, two days after the Article was published, The Breakfast 

Club—a popular syndicated radio show—discussed the Article in a segment called “Would You 

Get The ‘Daddy-Do-Over’ Procedure?” The radio hosts made specific reference to the Article, 

stating that “penis enhancements are more popular than ever” and “BBLs are dying out” (direct 

quotes from the title of the Article) and referenced “recent trends in plastic surgery according to 

Angela Kogan.” The hosts continued to discuss penile enhancement procedures.16

77. Upon information and belief, McNulty requested that The Breakfast Club add a link 

to the Article into the description of a YouTube recording of the radio segment. Indeed, the 

description of the segment links to the Article:17

16 Breakfast Club Power 105.1 FM, The Breakfast Club FULL SHOW: 8-19-2022 (Aug. 19, 2022), 

https://www.youtube.com/watch?v=J-I8KGLHgMc.

17 Breakfast Club Power 105.1 FM, Would You Get The "Daddy-Do-Over" Procedure? (Aug. 19, 

2022), https://www.youtube.com/watch?v=r1bmNzuLE3g.

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Afterwards, McNulty sent a message to Kogan and Rossi noting that the link was added to the 

video, and thanking Kogan and Rossi “for the opportunity”:

Reception to the Article Featuring Jackson’s Photo and the Thumbnail Image

78. Since TSR published the Article and the Defendants began posting the Thumbnail 

Image to their social media accounts, Jackson has been subjected to lewd, lascivious, and sexually 

objectifying comments from members of the public who wrongly believed that Jackson had 

undergone a penile enhancement procedure and that he endorsed Kogan and MedSpa. 

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Additionally, other media outlets and publications have subsequently reshared the contents of the 

original TSR Article and the Photo.

79. As the result of Kogan and MedSpa’s misappropriation of Jackson’s name and

image and TSR’s defamatory Article, commentators on Defendants’ posts have amplified the

impression that Jackson endorsed Kogan and MedSpa and that he himself had undergone a penile 

enhancement procedure. On MedSpa’s August 17, 2022 post under the handle 

“bh_perfection_medspa,” one commentator crudely posted “Call him 50 inch .” On the same 

post, another commentator posted “@50cent Can I see the before and after pics?” Similar 

comments can be found on Kogan’s August 17, 2022 post, such as: “Did 50 see this I don’t think 

he gone like that ”, “Wait so 50 got his done or what?”, “Why they got 50 cent up there 

talking bout enlargement ”, “@_cuban_link what work did @50cent get?? @angela_mk”.

18, 

19 Another comment from a user with the handle “miamitip305” stated, “I wanna see some pics of 

the enlargements.” Given that these posts were publicly available as of the filing of the original 

Complaint in this action, the posts continued to mislead consumers and bring Jackson’s name into 

disrepute. 

80. Defendants, when sharing Jackson’s image in association with a sexual 

enhancement procedure, should have known that this could lead to vulgar and sexually charged 

comments about Jackson and his body, particularly in light of the ways that Black men in U.S. 

18 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. 

19 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.

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history have been, and continue to be, sexualized and fetishized. These attitudes and stereotypes 

are extremely apparent when reading the comments on Defendants’ posts. 

81. Additionally, several other pop culture outlets have published substantially similar 

articles as TSR’s Article, including the Photo and/or the Thumbnail Image, as well as the false 

assertion that Jackson is one of Kogan’s plastic surgery patients.20

82. For example, one website (which is still accessible as of the filing of this Amended 

Complaint) substantially reposted the Article’s content the same day the Article was published, 

including the Thumbnail Image immediately under the headline “More Men Getting Work (Down 

There) According To Med Spa CEO” and directly above a description of Jackson as a MedSpa 

client:

21

20 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 

CEO Angela Kogan Speaks On it (Exclusive), NEWS WWC (August 18, 2022), 

https://www.newswwc.com/entertainment/celebrity-news/penis-enhancements-are-morepopular-than-ever-bbls-are-dying-out-cosmetic-surgery-ceo-angela-kogan-speaks-on-itexclusive/; 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-bblsare-dying-out-cosmetic-surgery-ceo-angela-kogan-speaks-on-it-exclusive#/.

21 More Men Getting Work (Down There) According To Med Spa CEO, GHANAMMA.COM (Aug. 

17, 2022), https://www.ghanamma.com/gp/2022/08/17/more-men-getting-work-down-thereaccording-to-med-spa-ceo/.

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83. Kogan’s talent agent Rossi also posted the Thumbnail Image and another post about 

the Article to her professional Instagram account under the handle “crossientertainment,” and 

tagged Instagram accounts for TSR, McNulty, and MedSpa. Upon information and belief, Rossi 

made these posts from Florida.

84. Kogan and MedSpa’s self-promotion through the use of Jackson’s name and image, 

as well as amplifying the false insinuation to media outlets that Jackson is a plastic surgery client, 

amounts to an egregious violation Jackson’s right to publicity, false endorsement, false advertising, 

conversion, and unjust enrichment. Kogan and MedSpa did so to benefit themselves financially

and in the face of their audience at the expense of Jackson’s reputation and dignity.

85. The Shade Room’s defamatory statements and use of Jackson’s image to falsely 

state or imply that he had received sexual enhancement procedures from Kogan or MedSpa was a 

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shameless attempt by a tabloid to exploit a celebrity’s private medical information (albeit false 

information) for clout, clicks, and advertising revenue.

COUNT I

(RIGHT OF PUBLICITY – UNAUTHORIZED MISAPPROPRIATION OF 

NAME/LIKENESS PURSUANT TO FLA. STAT. § 540.08 AGAINST KOGAN AND 

MEDSPA)

86. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein. 

87. On or around February 1, 2020, Jackson agreed to take a photograph with Kogan

under the sole impression that Kogan was a fan seeking the photograph for her private and personal 

enjoyment.

88. Between February 1, 2020 through August 17, 2022, Kogan and MedSpa shared 

the Photo to their social media accounts on numerous occasions for purposes of advertising and 

self-promotion.

89. Additionally, Kogan falsely implied in multiple online publications that Jackson 

was her client for plastic surgery procedures and/or shared the Photo with publications writing 

about Kogan and MedSpa’s business.

90. Kogan also misappropriated Jackson’s image and name when she falsely implied 

in the TSR article that Jackson received plastic surgery procedures (including penile enhancement) 

from Kogan and MedSpa, when she permitted TSR’s use and publication of the Photo, and when 

she and MedSpa repeatedly shared the doctored Thumbnail Image incorporating the Photo on their 

social media accounts.

91. These posts have fueled the misconception that Jackson endorses Kogan and 

MedSpa’s business, that Jackson was or is Kogan and MedSpa’s client for plastic surgery 

procedures, and that Jackson obtained a penile enhancement procedure from Kogan and MedSpa. 

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Kogan and MedSpa knew that Jackson never received plastic surgery from them, yet they 

proceeded to imply to TSR and other media outlets that he had.

92. Jackson has received no payment, royalties, or any other economic or social benefit 

from Kogan and MedSpa’s use of his name or image. 

93. At no time did Jackson ever consent to Kogan or MedSpa use of the Photo in an

any type of advertising or promotional manner. Kogan and MedSpa have been the sole 

beneficiaries of misappropriating Jackson’s name and image.

94. Kogan and MedSpa’s actions have caused Jackson reputational harm and have 

subjected him to lewd, invasive, and objectifying public commentary, and have stripped Jackson 

of his right to control when, how, and to whom he permits his name and image to be utilized.

95. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, irreparable harm for which monetary damages will be inadequate and thus is 

entitled to appropriate injunctive relief.

96. Alternatively, Plaintiff has suffered, and continues to suffer, substantial damages 

from the loss of his right to publicity, and, accordingly, Plaintiff is entitled to damages in an amount 

to be determined at trial.

COUNT II

(COMMON LAW INVASION OF PRIVACY AGAINST KOGAN AND MEDSPA)

97. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

98. On or around February 1, 2020, Jackson agreed to take a photograph with Kogan 

under the sole impression that Kogan was a fan seeking the photograph for her private and personal 

enjoyment.

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99. Between February 1, 2020 through August 17, 2022, Kogan and MedSpa shared 

the Photo to their social media accounts on numerous occasions for purposes of advertising and 

self-promotion.

100. Additionally, Kogan falsely implied in multiple online publications that Jackson 

was her client for plastic surgery procedures and/or shared the Photo with publications writing 

about Kogan and MedSpa’s business. 

101. Kogan also misappropriated Jackson’s image and name when she falsely implied 

in the TSR article that Jackson received plastic surgery procedures (including penile enhancement) 

from Kogan and MedSpa, when she permitted TSR’s use and publication of the Photo, and when 

she and MedSpa repeatedly shared the doctored Thumbnail Image incorporating the Photo on their 

social media accounts.

102. These posts have fueled the misconception that Jackson endorses Kogan and 

MedSpa’s business, that Jackson was or is Kogan and MedSpa’s plastic surgery client, and that 

Jackson obtained a penile enhancement procedure from Kogan and MedSpa. Kogan and MedSpa 

knew that Jackson never received plastic surgery from them, yet they proceeded to imply to TSR 

and other media outlets that he had.

103. Jackson has received no payment, royalties, or any other economic or social benefit 

from Kogan or MedSpa use of his name or image. 

104. At no time did Jackson ever consent to Kogan or MedSpa’s use of the Photo in an 

any type of advertising or promotional manner. Kogan and MedSpa have been the sole 

beneficiaries of misappropriating Jackson’s name and image.

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105. Kogan and MedSpa’s actions have caused Jackson reputational harm and have 

subjected him to lewd, invasive, and objectifying public commentary, and have stripped Jackson 

of his right to control when, how, and to whom he permits his name and image to be utilized.

106. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer irreparable harm for which monetary damages will be inadequate and thus is 

entitled to appropriate injunctive relief.

107. Alternatively, Plaintiff has suffered, and continues to suffer, substantial damages 

from the invasion of his right to privacy, and, accordingly, Plaintiff is entitled to damages in an 

amount to be determined at trial.

COUNT III

(VIOLATION OF THE LANHAM ACT, 15 U.S.C. § 1125(a): FALSE ENDORSEMENT 

AGAINST KOGAN AND MEDSPA)

108. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

109. Kogan and MedSpa have misleadingly used Jackson’s name and image in violation 

of the Lanham Act, 15. U.S.C. § 1125(a) to create and establish the false impression that Jackson 

endorsed, approved, or sponsored Kogan and MedSpa’s business in an effort to generate revenue 

for Kogan and MedSpa’s company and/or to give themselves an overall commercial benefit.

110. Kogan and MedSpa did so on countless occasions, including: when they repeatedly 

posted the Photo of Jackson on social media; when Kogan falsely implied in several online 

publications that Jackson was Kogan and MedSpa’s plastic surgery client and/or shared the Photo 

with such publications; when Kogan and MedSpa misappropriated Jackson’s name and image for 

use in the TSR article; and when they shared on social media the Article, the Thumbnail Image, 

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and a screenshot repeating the false insinuation that Jackson was a client for plastic surgery and 

penile enhancement treatment. 

111. Jackson never consented to his name and image being used in any way to endorse 

or sponsor Kogan, MedSpa, and/or their goods and services. 

112. Jackson never signed a contract or made an oral agreement to endorse or sponsor 

Kogan or MedSpa, and therefore Kogan and MedSpa were aware that Jackson had made no formal 

or informal endorsement, sponsorship, or approval of them and their business. 

113. Kogan and MedSpa’s actions have already and continue to deceive consumers into 

the belief that Jackson was a plastic surgery patient and endorsed, approved, and/or sponsored 

Kogan and MedSpa’s goods and services. 

114. Kogan, as the owner and an officer of MedSpa, participated in the decision to 

engage in infringing acts or caused the infringement to occur because she had the Photo taken, she

caused or permitted MedSpa to use the Photo on its social media accounts, she supplied the Photo 

to the various online publications, and she herself made statements to the TSR reporter implying 

that Jackson was Kogan and MedSpa’s client for plastic surgery and penile enhancement 

procedures. 

115. Kogan and MedSpa’s actions have caused irreparable harm to Jackson’s reputation 

and brand by falsely claiming that Jackson endorsed, approved of, or sponsored Kogan and 

MedSpa and their business, and specifically that he endorsed their plastic surgery or penile 

enhancement procedures as a result of having been Kogan and MedSpa’s client for such 

procedures. No monetary relief will adequately compensate Plaintiff for such irreparable harm and 

thus he is entitled to appropriate injunctive relief.

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116. Alternatively, as a direct and proximate cause of the foregoing, Plaintiff has 

suffered, and continues to suffer, substantial damages from Kogan and MedSpa’s false 

endorsement and, accordingly, Plaintiff is entitled to compensatory damages in an amount to be 

determined at trial, statutory trebling of damages, disgorgement of profits earned directly or 

indirectly by Kogan and MedSpa’s unlawful endorsement, attorneys’ fees and costs, the 

destruction of the false endorsements, and/or any other relief that is just and proper. 

COUNT IV

(VIOLATION OF THE LANHAM ACT, 15 U.S.C. § 1125(a): FALSE ADVERTISING 

AGAINST KOGAN AND MEDSPA)

117. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

118. Kogan and MedSpa’s actions described herein constitute false advertisement in 

violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125, et seq.

119. Kogan and MedSpa misleadingly used Jackson’s name and image, without 

Jackson’s consent, to create the false perception that Jackson was a plastic surgery client of Kogan 

and MedSpa and that Jackson endorsed their business. 

120. Kogan and MedSpa used Plaintiff’s name and image to establish a false 

endorsement of their company on countless occasions, including: when they repeatedly posted the 

Photo of Jackson on social media; when Kogan falsely implied in several online publications that 

Jackson was Kogan and MedSpa’s plastic surgery client and/or shared the Photo with such 

publications; when Kogan and MedSpa misappropriated Jackson’s name and image for use in the 

TSR article; and when they shared on social media the Article, the Thumbnail Image, and a 

screenshot repeating the false insinuation that Jackson was a client for plastic surgery and penile 

enhancement treatment. 

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121. Kogan and MedSpa’s actions have already deceived and continue to deceive 

consumers into the belief that Jackson himself received plastic surgery and sexual enhancement 

procedures from Kogan and MedSpa.

122. Kogan and MedSpa were aware that their insinuation that Jackson was a plastic 

surgery patient was false because they as health care providers are in the position to know who has 

and has not received their services based on their records and other forms of documentation. In 

doing so, they used Jackson’s name, image, and likeness as false advertising for their business.

123. Kogan and MedSpa have used Jackson’s name and image in interstate commerce 

by posting advertising social media content that is accessible to anyone across the country, and 

because MedSpa has locations both in Las Vegas and in Florida. 

124. Kogan and MedSpa’s use of Jackson’s name and image is used to attract consumers 

to obtains goods and services from Kogan and MedSpa, which has a direct and indirect effect on 

their revenue. 

125. Kogan and MedSpa’s actions have caused irreparable harm to Jackson’s reputation 

and brand by associating him with Kogan and MedSpa, Kogan and MedSpa’s line of business in 

the plastic surgery industry, and with specifically having had sexual enhancement procedures. No 

monetary relief will adequately compensate Plaintiff for such irreparable harm and thus he is 

entitled to appropriate injunctive relief.

126. Alternatively, as a direct and proximate cause of the foregoing, Plaintiff has 

suffered, and continues to suffer, substantial damages from Kogan and MedSpa’s false advertising

and, accordingly, Plaintiff is entitled to compensatory damages in an amount to be determined at 

trial, statutory trebling of damages, disgorgement of profits earned directly or indirectly by Kogan 

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and MedSpa’s unlawful false advertising, attorneys’ fees and costs, the destruction of the false 

advertisements, and/or any relief that is just and proper. 

COUNT V

(CONVERSION AGAINST KOGAN AND MEDSPA)

127. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

128. Jackson is, and at all relevant times was, the exclusive owner of all rights, title, and 

interest to his image, likeness, and/or identity. Jackson has an intangible property interest in his 

name, image, and likeness. 

129. Kogan and MedSpa converted Jackson’s property rights over his name and image

when they used said intangible property for their own advertising and financial gain without 

Jackson’s consent. 

130. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, substantial damages from Kogan and MedSpa’s conversion of his property 

rights, and, accordingly, Plaintiff is entitled to all remedies available under the common law claim 

for conversion, including but not limited to actual damages, costs, interest, and restitution of Kogan 

and MedSpa’s unlawful proceeds, and/or other relief deemed just and proper. 

COUNT VI

(UNJUST ENRICHMENT AGAINST KOGAN AND MEDSPA)

131. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

132. Jackson’s name, image, and likeness bear substantial monetary value.

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133. Kogan and MedSpa were and continue to be aware that Jackson’s name and image

bear substantial monetary value, and that the use of his name and image for their own goods and 

services could lead to a financial and commercial benefit for themselves. 

134. Jackson conferred a benefit upon Kogan and MedSpa by voluntarily taking the 

Photo with Kogan. Jackson was unaware that this Photo would be used as advertising to the 

commercial benefit of Kogan and MedSpa. Jackson never consented to Kogan and MedSpa’s use 

of the Photo in this capacity.

135. Kogan and MedSpa used Jackson’s name and image to obtain a financial and 

commercial benefit when they shared the Photo repeatedly on social media and when they falsely 

insinuated that Jackson was a plastic surgery patient.

136. Kogan and MedSpa have retained profits and other benefits conferred upon them 

by using Jackson’s image and name to promote and advertise Kogan and MedSpa’s business.

137. It would be inequitable for Kogan and MedSpa to retain the benefits conferred upon 

them by using Jackson’s image and name without paying fair value for the image.

138. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, substantial damages from Kogan and MedSpa’s unjust enrichment at Plaintiff’s 

expense, and, accordingly, Plaintiff is entitled to all remedies available under the common law 

claim for unjust enrichment, including but not limited to actual damages, costs, interest, restitution 

of unlawful proceeds, and/or other relief deemed just and proper. 

COUNT VII

(DEFAMATION PER SE AGAINST THE SHADE ROOM)

139. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

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140. In the Article published on or about August 17, 2022 titled “Penis Enhancements 

Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan 

Speaks On It,” TSR falsely stated that Jackson received plastic surgery or medical procedures from 

Kogan and/or MedSpa, and falsely stated that Jackson received a penile enhancement procedure, 

both through use of Jackson’s name and by the intentional juxtaposition of his image with 

discussion or photographs of penile enhancement surgery.

141. These statements, even if true (which they were not) are not newsworthy or matters 

of public concern, and in fact are an attempt by TSR to unlawfully publish an individual’s private 

medical information.

142. The statements in the Article were published to TSR’s website, theshaderoom.com, 

among other locations, and the Article was accessible publicly and was viewed by readers across 

the country, including within the State of Florida.

143. The false statements in the Article were made intentionally, despite knowledge of 

their falsity, or with recklessly disregard as to the truth of the statements, including for the specific 

purposes of increasing views of the Article, increasing traffic to the TSR website, and increasing 

the advertising revenue received by TSR from advertisements placed alongside the Article.

144. Upon information and belief, TSR failed to fact-check the Article’s false claims 

that Jackson had received plastic surgery and/or penile enhancement surgery from Kogan or 

MedSpa, and in fact had neither seen nor sought any evidence of such procedures whatsoever. 

Indeed, if Jackson had received plastic surgery from Kogan or MedSpa (which he did not), the 

disclosure of such private medical information to TSR (or anyone else) would have been highly 

inappropriate.

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145. The statements in the Article were defamatory per se because they subjected 

Jackson to ridicule, contempt, and disgrace by falsely stating that Jackson had received a penile 

enhancement procedure.

146. As a result of the defamatory statements, Jackson was damaged both personally and 

professionally. Jackson’s career as a rap artist, celebrity, and entrepreneur is based in large part on 

his valuable reputation, public image, and good will. That reputation, image, and good will were 

damaged by the defamatory statements, and the publication of these defamatory statements 

lowered Jackson in the estimation of the community.

147. Following TSR’s publication of the Article, the Article’s defamatory statements 

have been repeated by many others on social media and on other websites and the false statements 

continue to be repeated and republished, further perpetuating the harm to Jackson.

148. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, substantial damages from TSR’s defamation per se, and, accordingly, Plaintiff 

is entitled to compensatory damages, including but not limited to general damages and special 

damages, injunctive relief, as well as any other relief deemed just and proper. 

149. Jackson provided written notice to TSR of his intent to file defamation claims and 

identifying the Article and statements therein alleged to be false and defamatory at least five days 

before instituting such action as required by Florida Statute § 770.01. To date, TSR has not issued

a retraction, correction, or apology.

COUNT VIII

(DEFAMATION PER QUOD AGAINST THE SHADE ROOM)

(IN THE ALTERNATIVE)

150. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

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151. In the Article published by TSR on or about August 17, 2022 titled “Penis 

Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO 

Angela Kogan Speaks On It,” TSR falsely stated that Jackson received plastic surgery or medical 

procedures from Kogan and/or MedSpa and falsely stated that Jackson received a penile 

enhancement procedure, both through use of Jackson’s name and by the intentional juxtaposition 

of his image with discussion or photographs of penile enhancement surgery.

152. These statements, even if true (which they were not) are not newsworthy or matters 

of public concern, and in fact are TSR’s attempt to unlawfully publish an individual’s private 

medical information.

153. The statements in the Article were published to the TSR’s website, 

theshaderoom.com, among other locations, and the Article was accessible publicly and was viewed 

by readers across the country, including within the State of Florida.

154. The misleading and/or false statements in the Article were made intentionally, 

despite knowledge of their falsity, or with recklessly disregard as to the truth of the statements, 

including for the specific purpose of increasing views of the Article, increasing traffic to the TSR 

website, and increasing the advertising revenue received by TSR from advertisements placed 

alongside the Article.

155. Upon information and belief, TSR failed to fact-check the Article’s false claims 

that Jackson had received plastic surgery and/or penile enhancement surgery from Kogan or 

MedSpa, and in fact neither seen nor sought any evidence of such procedures whatsoever. Indeed, 

if Jackson had received plastic surgery from Kogan or MedSpa (which he did not), the disclosure 

of such private medical information to TSR (or anyone else) would have been highly inappropriate.

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156. As a result of the defamatory statements, Jackson was damaged both personally and 

professionally. Jackson’s career as a rap artist, celebrity, and entrepreneur is based in large part on 

his valuable reputation, public image, and good will. That reputation, public image, and good will 

were damaged by the defamatory statements, and the publication of the defamatory statements 

lowered Jackson in the estimation of the community and exposed him to substantial ridicule, 

contempt, and disgrace.

157. Following TSR’s publication of the Article, the Article’s defamatory statements 

have been repeated by many others on social media and on other websites and the false statements 

continue to be repeated and republished, further perpetuating the harm to Jackson.

158. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, substantial damages from TSR’s defamation per quod, and, accordingly, 

Plaintiff is entitled to compensatory damages, including but not limited to general damages and 

special damages, injunctive relief, as well as any other relief deemed just and proper. 

159. Jackson provided written notice to TSR of his intent to file defamation claims and 

identifying the Article and statements therein alleged to be false and defamatory at least five days 

before instituting such action as required by Florida Statute § 770.01. To date, TSR has not issued 

a retraction, correction, or apology.

COUNT IX

(DEFAMATION BY IMPLICATION AGAINST THE SHADE ROOM)

(IN THE ALTERNATIVE)

160. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 

through 85 above as if fully set forth herein.

161. In the Article published on or about August 17, 2022 titled “Penis Enhancements 

Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan 

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Speaks On It,” TSR stated that Jackson was part of Kogan and MedSpa’s “clientele” and 

juxtaposed images of Jackson with discussions and images of penile enhancement surgeries.

162. To the extent that the statements in the Article are considered true, the Article is 

defamatory by implication because it creates the false impression that Jackson received penile 

enhancement treatment or other plastic surgery from Kogan or MedSpa. In fact, Jackson has never 

received surgery of any kind from Kogan or MedSpa. This false impression is created by the 

juxtaposition of Jackson’s name and image with discussions and images of penile enhancement 

surgeries, and the omission of the fact that Jackson never received penile enhancement surgery 

and that he never received plastic surgery of any kind from Kogan or MedSpa.

163. These false impressions, even if true (which they were not) are not newsworthy or 

matters of public concern, and in fact are TSR’s attempt to unlawfully publish an individual’s 

private medical information.

164. A reasonable reader of the Article would understand the Article to imply that 

Jackson had received penile enhancement surgery and/or plastic surgery from Kogan and MedSpa. 

Indeed, numerous comments on social media make clear that many readers thought exactly that.

165. TSR created this false impression by intentionally placing images of Jackson next 

to discussions or images of penile enhancement procedures. For example, according to Kogan and 

MedSpa, TSR created and published the Thumbnail Image, which combined the Photo of Jackson 

with an image of a faceless male obtaining a penile enhancement procedure, with a euphemistic 

eggplant emoji covering his exposed groin area. Indeed, Kogan and MedSpa have claimed that 

TSR “pulled the Photo from Kogan’s social media without Kogan’s permission or consent.”

166. TSR intentionally created this false impression despite knowing that the Article was 

likely to mislead reasonable readers into believing that Jackson had received a penile enhancement 

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procedure or that he had received surgical procedures from Kogan or MedSpa, or, alternatively, 

TSR acted with reckless disregard to the likelihood that the Article would create such false 

impressions. TSR’s intentional creation of the false impressions, or its reckless disregard for the 

likelihood of such false impressions, were for the specific purposes of increasing views of the 

Article, increasing traffic to the TSR website, and increasing the advertising revenue received by 

TSR from advertisements placed alongside the Article.

167. Upon information and belief, TSR failed to fact-check the Article’s false 

insinuation that Jackson had received plastic surgery and/or penile enhancement surgery from 

Kogan or MedSpa, and in fact had neither seen nor sought any evidence of such procedures 

whatsoever. Indeed, if Jackson had received plastic surgery from Kogan or MedSpa (which he did 

not), the disclosure of such private medical information to TSR (or anyone else) would have been 

highly inappropriate.

168. The statements in the Article were published to the TSR’s website, 

theshaderoom.com, among other locations, and the Article was accessible publicly and was viewed 

by readers across the country, including within the State of Florida.

169. As a result of the false impressions created by the Article, Jackson was damaged 

both personally and professionally. Jackson’s career as a rap artist, celebrity, and entrepreneur is 

based in large part on his valuable reputation, public image, and good will. That reputation, public 

image, and good will were damaged by the defamatory statements, and the publication of the 

defamatory statements lowered Jackson in the estimation of the community.

170. Following TSR’s publication of the Article, the Article’s false impressions have 

been repeated by many others on social media and on other websites, and the false impressions

continue to be repeated and republished, further perpetuating the harm to Jackson.

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171. As a direct and proximate cause of the foregoing, Plaintiff has suffered, and 

continues to suffer, substantial damages from TSR’s defamation by implication, and, accordingly, 

Plaintiff is entitled to compensatory damages, including but not limited to general damages and 

special damages, injunctive relief, as well as any other relief deemed just and proper. 

172. Jackson provided written notice to TSR of his intent to file defamation claims and 

identifying the Article and statements therein alleged to be false and defamatory at least five days 

before instituting such action as required by Florida Statute § 770.01. To date, TSR has not issued

a retraction, correction, or apology.

KOGAN AND MEDSPA’S CONDUCT WARRANTS PUNITIVE DAMAGES

173. Kogan and MedSpa’s conduct warrants the imposition of punitive damages. The 

factors justifying punitive damages include, at a minimum, the following: 

a. Kogan and MedSpa knew that they did not have Jackson’s permission to use 

his name and image; 

b. Kogan and MedSpa’s disregard for Jackson’s right to publicity and to use his 

name and image as he chooses was intentional, wanton, and malicious. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Curtis J. Jackson, III respectfully requests that the Court enter 

an order and judgment in favor of him against Defendants Angela Kogan, Perfection Plastic 

Surgery, Inc, and The Shade Room, LLC, containing the following relief:

a. Preliminarily and permanently enjoining Kogan and MedSpa from falsely stating 

that Jackson is their client, sharing the Photo of Jackson with Kogan in connection 

with any and all plastic surgery and sexual enhancement procedures, sharing the 

Photo of Jackson with Kogan on any and all social media profiles and with any and 

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all media outlets, and engaging in any further actions that could allow a reasonable 

person to construe Jackson as endorsing, partnering with, or supporting Kogan and 

MedSpa;

b. Awarding Plaintiff damages against Kogan and MedSpa, in an amount to be proven 

at trial, to compensate him for harm to the commercial value of his image and name, 

for loss of royalties, and professional and personal reputational harm;

c. Awarding Plaintiff treble damages against Kogan and MedSpa for their violations 

of the Lanham Act, based on trebling of actual damages in an amount to be proven 

at trial;

d. Awarding Plaintiff punitive and exemplary damages against Kogan and MedSpa in 

an amount to be proven at trial;

e. Any and all remedies available under 15 U.S.C. § 1125 against Kogan and MedSpa, 

including: disgorgement of any profits made by Kogan and MedSpa, directly or 

indirectly, arising from the unauthorized use of Jackson’s name and image; 

compensatory damages in an amount to be determined at trial; and the destruction 

of all copies in any media of the infringing images;

f. Awarding Plaintiff compensatory damages against TSR, including general 

damages and special damages;

g. Preliminarily and permanently enjoining TSR from falsely stating or implying that 

Jackson received a penile enhancement procedure or that Jackson received surgical 

procedures from Kogan or MedSpa;

h. Issuing an Order requiring TSR to retract the Article to the extent it falsely stated 

or implied that Jackson received a penile enhancement procedure or that Jackson 

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received surgical procedures from Kogan or MedSpa, and requiring TSR to 

publicly issue an apology to Jackson;

i. Awarding Plaintiff interest in any amount according to law;

j. Awarding Plaintiff reasonable attorneys’ fees and costs as allowed by law, 

including pursuant to the Lanham Act; and

k. Granting Plaintiff such and other further relief at law or in equity as the Court deems 

just and proper. 

DEMAND FOR TRIAL BY JURY

Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff Curtis J. Jackson, III hereby 

demands a trial by jury in this action on all claims so triable. 

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Dated: January 16, 2023 Respectfully submitted, 

AKERMAN LLP

/s/ Eamon O’Kelly 

Joseph Rebak, Esq.

Florida Bar No. 308668

Alejandro J. Paz, Esq.

Florida Bar No. 1011728

AKERMAN LLP

Three Brickell City Centre

98 Southeast Seventh Street, Suite 1100

Miami, Florida 33131

(305) 374-5600 Telephone 

(305) 374-5095 Facsimile

joseph.rebak@akerman.com

alejandro.paz@akerman.com

Craig Weiner (pro hac vice)

Eamon O’Kelly (pro hac vice)

Reena Jain (pro hac vice)

1251 Avenue of the Americas, 37th Floor

New York, New York 10020

Tel.: (212) 880-3800

Fax: (212) 880-8965

craig.weiner@akerman.com

eamon.okelly@akerman.com

reena.jain@akerman.com

Attorneys for Plaintiff Curtis Jackson, III p/k/a 

50 Cent

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CERTIFICATE OF SERVICE

I hereby certify that on the 16th day of January, 2023, a true and correct copy of the foregoing 

First Amended Complaint was served via the Court’s CM/ECF System upon all counsel of record.

 /s/ Alejandro J. Paz 

 Alejandro J. Paz

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