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Drake and 21 Savage were told to stop promoting “Her Loss” with counterfeit “Vogue” magazines.

Drake and 21 Savage

Condé Nast, who publishes the fashion magazine, was granted a preliminary injunction and a temporary restraining order by the judge.

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A JUDGE has ordered Drake and 21 Savage to cease promoting their new joint album, Her Loss, using a bogus Vogue cover story.

In a decision handed out on Nov. 10 (obtained by Billboard), the judge decided in favor of Condé Nast, the publisher of Vogue, and issued a preliminary injunction and temporary restraining order against the two rappers. The court determined that Condé Nast owned “valid and incontestable” trademarks for Vogue and its logo and that Drake, 21 Savage, and the communications company Hiltzik Strategies “created and disseminated” fake images of a Vogue cover and a copy of the entire issue without the magazine’s consent.

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In accordance with the decision, Condé Nast has a good chance of winning its lawsuits for federal and common law trademark infringement, false designation of origin, unfair competition, false endorsement, dilution, and false advertising. The judge said that Drake and 21’s parody of Vogue was “misleading consumers to believe that these are genuine and authentic materials linked with Condé Nast and Vogue,” confusing customers about the magazine’s origin, sponsorship, or approval.

 

A representative for Drake, 21 Savage, and Hiltzik Strategies did not immediately respond to Rolling Stone’s request for comment. Condé Nast’s legal counsel also failed to respond right away when contacted for comment.

With a series of antics, Drake and 21 Savage have been aggressively marketing their joint album Her Loss. For a bogus Colors x Studios promotion, the duo impersonated a Saturday Night Live performance and performed while wearing what looked like a gold bar. The magazine’s owner, Advance Magazine Publishers Inc., popularly known as Condé Nast, filed a trademark infringement complaint in response to its inaugural advertising, a doctored Vogue cover.

Condé Nast referred to the duo’s promotional effort as a “deceptive campaign” that was not approved by the business in the complaint, which Rolling Stone was able to get. The fake Vogue association distributed flyers and “a counterfeit issue of Vogue” in major North American cities.

The lawsuit claims that the rappers intentionally imitated the magazine’s rollouts in order to appear authentic. It also claimed that the rappers’ social media accounts contained “explicitly false statements, including, “Me and my brother on newsstands tomorrow!! Thank you Anna Wintour and @voguemagazine for your love and support during this historic time. Her Loss on November 4′

But according to the complaint, Wintour and Vogue “have not been involved in Her Loss or its promotion, and have not in any way endorsed it. In order to promote the new album of the defendants, Condé Nast did not even approve, much less encourage, the manufacture and mass distribution of a fake issue of Vogue or a fake facsimile of what is arguably one of the most meticulously chosen covers in the whole publishing industry.

The complaint also claims that “the misunderstanding among the public is apparent,” citing a number of media outlets that reported the story as true and subsequent user comments that implied it was a genuine cover.

At the time of the lawsuit was filed, Larry Stein, a lawyer for the defendants, declined Rolling Stone’s request for comment on Tuesday having not yet reviewed the complaint. Hiltzik Strategies LLC, also named as a defendant in the suit alongside Drake and 21 Savage, declined Rolling Stone’s request for comment.

Condé Nast is seeking a minimum of $4 million in damages. It further seeks punitive damages alongside ending any trademark infringement.

Prosper Dougoli

Prosper Dougoli, also known as a Bomzydget, is a young Ghanaian tech content creator with extensive experience in Internet blogging.

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