Her Loss: Drake and 21 Savage sued by Vogue publisher
Drake and 21 Savage are being sued by Vogue’s publisher over claims they used the brand name to promote their new album without permission.
Her Loss was released last week and has received mixed reviews.
Condé Nast claims the rappers’ promo campaign was built “entirely” on the unauthorised use of Vogue trademarks and false representations.
The publisher is seeking at least $4m (£3.49m) in a complaint filed at Manhattan Federal Court.
Larry Stein, the lawyer representing Drake and 21 Savage, has not yet responded to BBC Newsbeat’s request for comment.
Condé Nast claims the rappers falsely suggested having the “love and support” of Vogue editor-in-chief Anna Wintour.
It said the rappers created a counterfeit issue of Vogue which they distributed along with posters which mimicked the magazine.
Their complaint says it resulted in “unmistakable” confusion, with Drake and 21 Savage being wrongly touted as “new cover stars”.
“All of this is false. And none of it has been authorised by Condé Nast,” the legal paperwork says.
It added the rappers’ “flippant disregard” for the publisher’s rights “have left it with no choice but to commence this action”.
Brand Vogue
Thomas Walters, who founded the advertising agency Billion Dollar Boy, said the publisher will need to defend itself because the Vogue brand is “everything” to the outlet.
“In an era where journalism is consistently being used for free, people aren’t buying magazines anymore, that is their value,” says Thom.
“From their perspective, 21 Savage and Drake have used that brand without compensating for that investment.”
And if they don’t defend it in this instance, Thom says there’s a risk “anyone could start using the Vogue brand”.
Her Loss 🦉🔪 Front Cover @Drake @21savage #HERLOSS pic.twitter.com/kYM2jKbFKY
— OVO Sound (@OVOSound) November 3, 2022
Since its release on 4 November, Her Loss has had mixed reviews and has also caused a stir after one track, Circo Loco, appeared to suggest singer Megan Thee Stallion had lied about being shot.
Music publication NME gave the album three stars, saying it was an “exciting prospect marred by lazy song writing” and packed with “cheap misogyny”.
Rolling Stone went a step further, branding the album “a misfire”.
A win-win?
Condé Nast is seeking at least $4m in damages – or triple Drake and 21 Savage’s profits from their album and “counterfeit” magazine.
But could this actually work out well for Drake and 21 Savage? Thom thinks so.
“I think Drake and 21 Savage are certainly going to benefit from doing this,” he says. “Probably more so than the amount that the lawsuit is claiming.
“When you’re a star of the calibre of Drake, you know that you’re willing to take the risk. They obviously would have seen a bigger upside here than downside.”