This case was last updated from U.S. District Courts on 09/20/2022 at 01:23:47 (UTC).

Jackson, III v. Kogan et al

Case Summary

On September 16, 2022, Curtis J. Jackson, III p/k/a 50 Cent (“Plaintiff” or “Jackson”), represented by Joseph L. Rebak of Akerman LLP, filed an intellectual property lawsuit against Angela Kogan (“Kogan”) and Perfection Plastic Surgery, Inc. d/b/a Perfection Plastic Surgery & MedSpa (“MedSpa”) (collectively, “Defendants”), seeking injunctive relief and damages for alleged wrongful act of the defendants. This case was filed in U.S. District Court for the Southern District of Florida with Judge Jonathan Goodman and Judge Robert N. Scola, Jr. presiding.

In the complaint, the plaintiff stated, “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. 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. Defendants also falsely implied in several online publications that Jackson was their plastic surgery client.”

The plaintiff further stated, “Two years after the Photo was taken, Kogan used it again, this time—shockingly—to support the false insinuation that Defendants had provided a penile  enhancement treatment to Mr. Jackson. Jackson never had such a sexual enhancement procedure, he has never received plastic surgery from Defendants, and he never consented to the commercialization and publication of the Photo.”

The plaintiff alleged, “On or about February 1, 2020, Plaintiff, a world-famous celebrity and entrepreneur—graciously agreed to have the Photo taken with someone he thought was a fan. In the over two years since the Photo was taken, Defendants have used Jackson’s image and name for advertising and publicity purposes on Defendants’ social media accounts. Jackson never consented to his image, likeness, and name being used in this manner.”

The plaintiff further alleged, “Moreover, two and a half years after the Photo was taken, Defendants’ misuse of Jackson’s image took a significantly more disturbing turn. 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.”

The plaintiff then alleged, “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. 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.”

The plaintiff additionally alleged, “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.”

The plaintiff also alleged, “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.”

Plaintiff stated five claims for relief, including for the alleged unauthorized misappropriation of name/likeness pursuant to Fla. Stat. § 540.08, common law invasion of privacy, false endorsement and false advertising in violation of the Lanham Act pursuant to15 U.S.C. § 1125(a), conversion and unjust enrichment.

In its prayer for relief, the plaintiff requested a judgment for injunctive relief. The plaintiff also requested an award for treble, punitive and exemplary damages, along with reasonable attorney’s fees and costs incurred by the plaintiff.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-22972

  • Filing Date:

    09/16/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Robert N. Scola, Jr

Referral Judge

Jonathan Goodman

 

Party Details

Plaintiff

Curtis James Jackson, III p/k/a 50 Cent

Defendants

Angela Kogan

Perfection Plastic Surgery Inc. d/b/a Perfection Plastic Surgery and MedSpa

Attorney/Law Firm Details

Plaintiff Attorney

Joseph Lester Rebak

Attorney at Akerman LLP

Suite 1100, Three Brickell City Centre

Miami, FL 33131

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

3 #3

Main Document

3 #1

Complaint

#4

(#4) Order Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr. on 9/19/2022. See attached document for full details. (ls) (Entered: 09/19/2022)

#5

(#5) MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/19/2022. See attached document for full details. (fbn) (Entered: 09/19/2022)

6 #6

Main Document

6 #1

Certification of Craig Weiner

7 #7

Main Document

7 #1

Certification of Eamon O'Kellly

8 #8

Main Document

8 #1

Certification of Reena Jain

#9

(#9) NOTICE of Filing Proposed Summons(es) Summons for Issuance re: Angela Kogan by Curtis James Jackson, III (Rebak, Joseph) (Entered: 09/19/2022)

2 More Documents Available
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Docket Entries

  • 09/19/2022
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  • Docket(#11) PAPERLESS ORDER: The Court grants #5 , #6 , #7 counsels' Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorneys Reena Jain, Eamon O'Kelly, and Craig Weiner are given permission to appear and participate in this matter on behalf of Plaintiff Curtis James Jackson III. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email address set forth in their respective motions. Signed by Judge Robert N. Scola, Jr. (eau) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#10) NOTICE of Filing Proposed Summons(es) Summons for Issuance re: Perfection Plastic Surgery, Inc. by Curtis James Jackson, III (Rebak, Joseph) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#9) NOTICE of Filing Proposed Summons(es) Summons for Issuance re: Angela Kogan by Curtis James Jackson, III (Rebak, Joseph) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#8) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Reena Jain. Pay.gov Agency Tracking ID FLSDC-15959871. Filing Fee $ 200.00 by Curtis James Jackson, III. Responses due by 10/3/2022 (Attachments: #1 Certification of Reena Jain)(Rebak, Joseph) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#7) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eamon O'Kelly. Pay.gov Agency Tracking ID FLSDC-15959615. Filing Fee $ 200.00 by Curtis James Jackson, III. Responses due by 10/3/2022 (Attachments: #1 Certification of Eamon O'Kellly)(Rebak, Joseph) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#6) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig Weiner. Filing Fee $ 200.00 Receipt # AFLSDC-15959821 by Curtis James Jackson, III. Responses due by 10/3/2022 (Attachments: #1 Certification of Craig Weiner)(Rebak, Joseph) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#5) MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/19/2022. See attached document for full details. (fbn) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#4) Order Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr. on 9/19/2022. See attached document for full details. (ls) (Entered: 09/19/2022)

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  • 09/19/2022
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  • Docket(#3) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (rbe) (Entered: 09/19/2022)

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  • 09/16/2022
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) (Entered: 09/19/2022)

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  • 09/16/2022
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  • Docket(#1) COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number BFLSDC-15956309, filed by Curtis James Jackson, III p/k/a 50 Cent. (Attachments: #1 Civil Cover Sheet)(Rebak, Joseph) (Entered: 09/16/2022)

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