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ARTICLE · 16 JANUARY 2023

MedSpa's Motion To Dismiss Doesn't Measure Up

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The U.S. District Court for the Southern District of Florida gave rapper Curtis J. Jackson III (famously known as 50 Cent) a holiday gift when it denied a motion to dismiss his complaint against Perfection Plastic Surgery & MedSpa.

United StatesIntellectual Property

The U.S. District Court for the Southern District of Florida gave rapper Curtis J. Jackson III (famously known as 50 Cent) a holiday gift when it denied a motion to dismiss his complaint against Perfection Plastic Surgery & MedSpa ("MedSpa") and its owner for false endorsement and false advertising under the Lanham Act, and unauthorized misappropriation of likeness, invasion of privacy, conversion, and unjust enrichment under Florida law. 50 Cent alleged that MedSpa's owner, Angela Kogan, asked for a picture with him when he was coincidentally in MedSpa's proximity. The two posed for a picture in front of MedSpa-a backdrop repeatedly stamped with the words "PERFECTION MED SPA"-and Kogan then posted the photo on MedSpa's Instagram account and on her personal account, allegedly without 50 Cent's permission.

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