Her Loss: Drake and 21 Savage sued by Vogue publisher

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21 Savage and Drake attend 21 Savage's Freaknik22: The Sequel at Underground Atlanta on October 22, 2022 in Atlanta, GeorgiaImage source, Getty Images
Image caption,

Drake and 21 Savage released Her Loss last week to mixed reviews

Drake and 21 Savage are being sued by Vogue's publisher over claims they used the brand name to promote their new album, Her Loss, without permission.

Condé Nast claims the rappers' promo campaign was built "entirely" on the unauthorised use of Vogue trademarks and false representations.

It said the musicians created a counterfeit issue of the magazine which they distributed.

In a complaint, the publisher said it's seeking at least $4m (£3.49m).

Larry Stein, the lawyer representing Drake and 21 Savage, has not yet responded to BBC Newsbeat's request for comment.

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Condé Nast said Drake and 21 Savage falsely suggested having the support of Vogue boss Anna Wintour (pictured)

Condé Nast claims the rappers falsely suggested having the "love and support" of Vogue editor-in-chief Anna Wintour.

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 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".

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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?

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Thom thinks the stunt will have been a calculated risk by Drake and 21 Savage

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 than 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."

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