A judge on Wednesday ordered Drake and 21 Savage to stop using a fake Vogue cover to promote their collaborative album Her Loss.
U.S. District Judge Jed Rakoff granted Advance Magazine Publishers Inc., the parent company of Vogue publisher Condé Nast, a temporary restraining order “to protect the public against confusion, deception and mistake.”
It bars the rappers from “using, displaying, dissenting or distributing” the bogus cover image and the fake copies of Vogue they printed as part of the promotional campaign. The order also forced Drake and 21 Savage to remove the images from their social media and to refrain from using editor-in-chief Anna Wintour's "name, image of likeness."
A hearing on whether to extend the injunction is scheduled for Nov. 22.
On Monday, Condé Nast filed a lawsuit claiming the “deceptive” marketing campaign for Her Loss violated its intellectual property rights.
Both Drake and 21 Savage had shared a photo of the bogus magazine cover with the caption: “Me and my brother on newsstands tomorrow!!” and thanked Vogue and its editor-in-chief Anna Wintour “for the love and support on this historic moment.”
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But, lawyers for Condé Nast said in a U.S. federal court filing that Vogue and Wintour “have had no involvement in Her Loss or its promotion, and have not endorsed it in any way. Nor did Condé Nast authorize, much less support, the creation and widespread dissemination of a counterfeit issue of Vogue, or a counterfeit version of perhaps one of the most carefully curated covers in all of the publication business.”
Condé Nast said the photo was a “flagrant infringement” of its trademark intended to capitalize on the “tremendous value that a cover feature in Vogue magazine carries.” The lawsuit noted that many media outlets were fooled by the faux Vogue.
The lawsuit is seeking as much as $4 million U.S.
Drake, 21 Savage and Drake’s PR agency Hiltzik Strategies (which is also named in the suit) have not responded to the allegations.