Update: Drake & 21 Savage Settle Lawsuit w/ Publisher Over Fake Vogue Magazine Cover For ‘Her Loss’ Album Promotions
Update #3: (Feb. 16, 2023): Drake and 21 Savage are no longer battling it out with magazine publisher Condé Nast.
According to reports, the rappers and the company have reached a settlement out of court. As you may recall, Condé Nast sued the “Her Loss” collaborators last year for gracing the cover of a fake Vouge magazine issue during the promotional roll-out for their project.
Initially, Condé Nast sued for a minimum of $4 million in damages. Reportedly, the rappers have agreed to pay Condé Nast, however, the settlement amount is unclear.
Update #2: (Nov. 10, 2022): According to new reports, a judge has ruled that Drake and 21 Savage must stop all their album promotions relating to their fake Vogue magazine cover.
The federal judge has sided with Vogue by issuing a temporary restraining order to prohibit all current and future use and display of the mocked-up cover. In addition, the order also blocks the rappers from using Vogue editor-in-chief Anna Wintour’s likeness.
There’s a court hearing scheduled for Nov. 22 on the matter, when both sides can present their cases.
Update #1: (Nov. 10, 2022): Drake and 21 Savage might be taking an “L” soon for the way they decided to promote their latest album.
According to reports, law experts believe that Vogue magazine has a strong case in the trademark lawsuit that could cost the rappers millions.
Barton Beebe, a law professor at New York University who specializes in intellectual property law, said,
“I think it’s an easy case for [Vogue] to win.”
“And I think that they’ll get the injunction, the injunctive relief, ordering the marketing campaign to stop. It seems to me an interesting question would be if Vogue wants to pursue this all the way to damages, because they could be in the millions for this kind of conduct.”
Reporedtly, since the lawsuit from Vogue’s publisher Condé Nast was filed, Drake has removed the fake cover from his IG account.
However, according to Beebe, if Condé Nast wishes to continue with the legal battle there are a few ways they could aim to penalize the rappers for the mock cover; including, filing a temporary restraining order, or a preliminary injunction, to stop further promotions of the fake Vogue.
Mark P. McKenna, a law professor at UCLA who specializes in intellectual property and privacy law, noted that should the suit continue Drake and 21 have options as well. According to McKenna, the rappers could argue that trademark law “does not have a specific parody defense.”
“The basic idea of trademark infringement is that the plaintiff has to show likelihood of confusion. And so, what you see some courts sometimes say is, if the parody is clear, then there’s not going to be any confusion because people will understand that it’s a parody.”
As of now, the lawsuit has not been dropped by Condé Nast.
Original Story: (Nov. 8, 2022): It looks like Drake and 21 Savage may be in a bit of legal trouble!
Both Drake, 36, and 21 Savage, 30, have been sued by Conde Nast– the publisher of Vogue magazine– for using the Vogue name without permission to promote their new album “Her Loss.”
Drake and 21 have been promoting “Her Loss” by posing on what looks like a legitimate Vogue cover, leading fans to believe the rappers were indeed apart of a special edition Vogue cover shoot.
According to legal documents, Conde Nast said the rappers’ promotional campaign was built “entirely” on the unauthorized use of Vogue trademarks and false representations they would appear on Vogue’s next cover, with the “love and support” of longtime editor-in-chief Anna Wintour. According to the complaint filed on Monday night (Nov. 7) in Manhattan federal court,
“All of this is false. And none of it has been authorized by Conde Nast.”