The publisher of Vogue magazine has sued rappers Drake and 21 Savage for promoting their new album using a fake Vogue cover and the magazine’s name without authorization, according to a lawsuit filed on Monday.
Condé Nast alleges in its lawsuit that the “widespread promotional campaign” recently launched by the artists for their album “Her Loss” is “built entirely” on unauthorized use of Vogue trademarks and on the false premise that the rappers would be featured in the magazine.
The suit also alleges that the artists created a counterfeit issue of Vogue magazine and distributed copies of it in several large cities, as well as to their 135 million combined social media followers. The suit also alleges that the rappers thanked the magazine’s editor in chief, Anna Wintour, for the “love and support on this historic moment” in social media posts.
“All of this is false. And none of it has been authorized by Condé Nast,” the publisher alleges in its lawsuit. “Vogue magazine and its Editor-in-Chief Anna Wintour have had no involvement in Her Loss or its promotion, and have not endorsed it in any way.”
A representative for Drake, whose real name is Aubrey Graham, declined comment.
A representative for 21 Savage, whose real name is Shéyaa Bin Abraham-Joseph, did not immediately respond to requests for comment.
The publisher said it has “repeatedly” tried to resolve the matter since Oct. 31, when copies of the fake magazine were distributed, and asked the rappers to “cease their infringing activities and take appropriate remedial measures to curtail further public confusion” to no avail.
Their “deceptive campaign” has caused unmistakable confusion over the veracity of the magazine cover and “underscores the tremendous value that a cover feature in Vogue magazine carries,” the lawsuit stated.
Confusion came in the form of several user comments reacting to the fake news that the artists were chosen to grace the cover, according to the suit.
The distribution of a fake Vogue cover is among several spoofs the rappers rolled out in support of their album release. They also pretended to perform on NPR Music’s Tiny Desk series and NBC’s “Saturday Night Live,” and to have been interviewed on Howard Stern’s Sirius XM radio show.
Condé Nast is seeking a preliminary injunction and temporary restraining order to stop the musicians from continuing to disseminate the false Vogue cover, and exemplary and punitive damages over trademark infringement.
It is also seeking at least $4 million in damages, or triple the defendants’ profits from their album and “counterfeit” magazine, whichever is higher.
