By Jonathan Stempel
NEW YORK (Reuters) – A U.S. judge on Wednesday has blocked the rappers Drake and 21 Savage from using fake copies of Vogue magazine to promote their new album.
U.S. District Judge Jed Rakoff in Manhattan issued a temporary restraining order less than two days after the duo was sued by Conde Nast, the magazine’s publisher.
Conde Nast said Drake and 21 Savage had no permission to create the counterfeit magazine, which features them on the cover, to promote their album “Her Loss,” or suggest Vogue’s longtime editor-in-chief Anna Wintour supported them.
Rakoff said Conde Nast had demonstrated a “likelihood of success” on its trademark infringement and false advertising claims. He also found sufficient proof that consumers were being confused and the publisher had been “irreparably harmed.”
Wednesday’s order requires Drake, a Toronto native, and 21 Savage, from Atlanta, to stop distributing the fake magazine and cover, including on social media. They also cannot use Wintour’s name or likeness.
Lawyers for the defendants did not immediately respond to requests for comment.
Rakoff scheduled a Nov. 22 hearing to consider a longer injunction.
Conde Nast said the defendants distributed the bogus Vogue issue in major metropolitan areas, with posters plastered on streets and buildings.
The publisher, also known as Advance Magazine Publishers Inc, is seeking at least $4 million in damages.
(Reporting by Jonathan Stempel in New York; editing by Jonathan Oatis)
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