A federal judge is refusing to dismiss a lawsuit filed by 50 Cent that accused a Miami medical spa of falsely suggesting that he’d had penis surgery.
a client and had consented to the use of the image as payment for the work he received. But in a decision Monday, Judgedenied that motion, saying the lawsuit’s allegations were strong enough to survive the earliest stages of the case.
Based on the claims in the lawsuit, the judge said the photo did more than just “thank” the rapper, whose birth name is Curtis James Jackson III: “Read in the light most favorable to Jackson, the defendants’ ‘thanks’ serves as a humblebrag. It is self-promotion.” The judge then offered up the dictionary definition of a “humblebrag” in a footnote.
“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,” the star’s lawyers wrote at the time. They included social media comments in which users mocked the rapper, including one that “crudely” said the rapper should be called “50 inch.”
“They weakly argue that Jackson consented to the photo’s being uploaded on to Instagram while making no mention of Jackson’s consent/non-consent as to the screen capture video and the promotional value it doubtlessly served,” the judge wrote.
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