By Jonathan Stempel
NEW YORK (Reuters) – Drake and 21 Savage have stopped using Vogue trademarks to promote their new No. 1 album “Her Loss,” and agreed to a preliminary injunction against resuming their campaign.
According to a Thursday filing with the U.S. District Court in Manhattan, the rappers acknowledged having distributed a counterfeit cover and counterfeit version of the fashion magazine without permission of Vogue publisher Conde Nast.
The filing said they have “voluntarily ceased” the marketing campaign that prompted Conde Nast’s Nov. 7 lawsuit, and will take down Vogue references from websites and social media platforms they control, and from streets and buildings.
Drake and 21 Savage did not concede liability or wrongdoing, and agreed to the injunction to avoid unnecessary costs, the filing said.
U.S. District Judge Jed Rakoff had issued a temporary restraining order against the duo on Nov. 9, saying Conde Nast’s trademark infringement and false advertising claims would likely succeed.
A court conference is scheduled for Dec. 22. Conde Nast, also known as Advance Magazine Publishers Inc, sought at least $4 million in damages.
Lawyers for the rappers and for Conde Nast did not immediately respond to requests for comment.
The fake Vogue magazine featured Drake and 21 Savage on the cover, and their campaign included a suggestion that they had support from longtime Vogue editor-in-chief Anna Wintour.
“Her Loss” was released on Nov. 4. It debuted at No. 1 on the Billboard 200 album chart for the week ending Nov. 19.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)
