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Drake and 21 Savage consent to preliminary injunction over fake Vogue cover

By | Published on Friday 18 November 2022

Drake and 21 Savage fake Vogue cover

Drake and 21 Savage have formally consented to the preliminary injunction secured against them by magazine publishers Condé Nast over the spoof Vogue cover they created as part of the promo campaign for their collaborative album ‘Her Loss’. They’ve also confirmed that they have voluntarily ceased and desisted from distributing said spoof cover.

An assortment of fake media coverage was created and then shared on social media as part of the marketing for ‘Her Loss’. The other media brands spoofed didn’t seem too bothered, but Condé Nast was not happy at all at the suggestion it had made the two musicians cover stars on their flagship fashion title.

As well as creating the Vogue cover, Drake and 21 Savage heavily suggested that it was a legit cover feature on social media, put up posters of the cover in cities across the US, and even distributed a mocked up version of the magazine with their cover on it.

Condé Nast quickly sent out some cease and desist letters to the musicians and their communications agency Hiltzik Strategies, and when that didn’t result in any ceasing and desisting, the media firm went to court accusing Drake, 21 Savage and Hiltzik of trademark infringement, unfair competition and false advertising, among other things.

That legal action sought a court order – initially a temporary restraining order – that would prohibit any further distribution of the fake Vogue cover, plus – of course – lots of lovely damages.

Quickly granting the temporary restraining order, the judge concluded that “Condé Nast has a likelihood of success on its claims for federal and common law trademark infringement, false designation of origin and unfair competition, false endorsement, dilution, false advertising, and violation of [New York General Business Law]”.

The injunction ordered Drake, 21 Savage and Hiltzik to stop distributing the fake cover, to remove all social media posts containing it, to take down all the posters, and destroy all remaining copies of the mocked up magazine.

A hearing was then set for 22 Nov to consider an extension of the temporary restraining order, so that a preliminary injunction would be in force in the longer term stopping the distribution of the fake cover while Condé Nast’s wider litigation goes through the motions.

It’s now been revealed that Drake, 21 Savage and Hiltzik have consented to that preliminary injunction meaning no court hearing is required. The musicians and comms agency have also confirmed that they are no longer distributing the fake cover.

A court document states: “To avoid unnecessary cost and expense, defendants, pending the outcome of this litigation, but without conceding any liability with respect to the claims asserted by Condé Nast in this action, and without conceding any wrongdoing on their part, consent to the preliminary injunction sought by Condé Nast”.

Not only that, but “defendants have heretofore represented, and now represent, that, following the commencement of this action, the restrained parties have already voluntarily ceased and desisted from the activities described [in the temporary restraining order]”.