After publisher Condé Nast hit them with a lawsuit for promoting a fake cover story in the magazine Advertisement to market their new album, its lossHowever, the rappers have “voluntarily discontinued and refrained from” all uses Vogue magazine Cover and trademark, as well as the name, image or appearance of the editor-in-chief Anna Wintour and any false or misleading statements regarding the magazine to promote the album. This includes removing all public displays of the fake cover, including online posts, social media, and any physical copies. Importantly, all of these actions were required by A.J A temporary restraining order issued by a federal judge is november. 10 support the publisher’s claim.
The new document, filed in New York federal court on Thursday (November 17), notes that Drake and 21 Savage agreed to take down “to avoid unnecessary cost and expense,” “without waiving any liability” or “wrongdoing” in the matter. .
Fake Vogue magazine The cover was one of several fake promotions for the its loss, which fell November. 4. THESE ALLEGED FAKES ALSO INCLUDED FAKE NPR APPEARANCES OF THE RAPPER a small office series f The Howard Stern Show.
Although the Tiny Desk greeted the stunt with humor — even inviting the rapper to appear on the show for real — and Stern joked about the incident on his SiriusXM series, Condé Nast was less than amusing. In a complaint filed nov. 9, the publisher’s lawyers called the stunt a “flagrant infringement” of the company’s trademark rights, designed to exploit the “enormous value of a cover feature in Vogue” without actually conferring that privilege. The lawsuit sought an immediate injunction compelling the rapper, along with Drake’s PR agency Hiltzik Strategies, which is named as a defendant, to cease all uses of the “fake cover”.
is november. On October 10, Condé Nast’s lawsuit was followed by a temporary restraining order issued by the Condé Nast US District Judge Jed Rakoff, which ruled that the fake cover was likely infringing the publisher’s trademarks because Drake and 21 were “misleading consumers” and “deceiving the public”. Notably, such injunctions are only granted to plaintiffs who are likely to win their case.
One specific point of contention in the complaint was an Instagram post by Drake teasing the fake cover story, in which the star personally thanked Wintour for the honor. In the suit, Condé Nast’s attorneys write that Vogue and Wintour in fact “were not involved in its loss or promotion, nor did they endorse it in any way” and that the publisher did not “authorize, let alone support, the ‘release’ of a counterfeit version of perhaps one of its most popular covers.” Carefully curated in all publications.”
The deepfakes were so convincing that several media outlets reported that the cover was real, the lawyers continued, adding: “The confusion among the public is unmistakable.”
Had they allowed the legal drama to play out, Drake and 21 Savage might have argued that the mock media attack was intended as a parody of the way the media and artists work together to promote the album’s release; In some circumstances, laws allow such parody to spread without repercussions. This may have been a difficult argument, however. As Condé Nast noted in the lawsuit, the fake Vogue magazine The issue was published online and physically represents a “complete, professionally reprinted copy” of the magazine, “with no indication that it is nothing but the cover of an original issue of Vogue”.
Condé Nast did not immediately respond to a request for comment on the latest filing.