Advance Magazine Publishers Inc. v. Graham et al

Filing 29

PRELIMINARY INJUNCTION ON CONSENT: IT IS HEREBY STIPULATED AND AGREED: 1. This Court has jurisdiction over the subject matter herein and has personal jurisdiction over Defendants. 2. Conde Nast owns valid U.S. registrations for trademarks comprised of the word "Vogue" and/or its well-known logo, including Reg. Nos. 0,069,530, 0,125,542, 0,504,006, 1,336,659, 2,592,452, 3,069,976, 4,138,408, 4,964,883, 4,964,884, 5,915,018, and 6,324,126 (collectively, the "VOGUE Mark"), certain of which are incontestable. 3. Without Conde Nast's authorization, Defendants Drake and 21 Savage and those acting in concert with them have created, distributed and disseminated the Cover and Magazine to the general public, including by posting the images of the Cover to social media, posting physical posters of the Cover, and by distributing copies of the Magazine in New York and other metropolitan areas across North America. WHEREFORE, THE COURT ADJUDGES AND ORDERS THAT: 1. IT IS HEREBY ORDERED THAT pending the resolution of this action, Defendants and all other Retrained Parties are hereby: a. Enjoined and restrained from using, displaying, disseminating, or distributing copies or images of the Cover and Magazine; b. Enjoined and restrained from using, displaying, disseminating, or distributing the VOGUE Mark, or any mark that is confusingly similar to, or a derivation or colorable imitation of, the VOGUE Mark (collectively, the "Prohibited Marks"), for commercial purposes, including, without limitation, to advertise, market, or promote the album Her Loss; c. Enjoined and restrained from using, displaying, disseminating, or distributing the name, image or likeness of Anna Wintour, Vogue's Editor-in Chief, for commercial purposes, including, without limitation, to advertise, market, or promote the album Her Loss; d. Enjoined and restrained from making, using, displaying, disseminating, or distributing the false or misleading statements or misrepresentations concerning the Magazine, the Cover and/or Drake and 21 Savage's participation or appearance in Vogue magazine; e. Enjoined and restrained from instructing, assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above subparagraphs and/or taking any action that contributes to any of the activities referred to the above subparagraphs; as further set forth herein. For the avoidance of doubt, the foregoing injunction shall not apply to anyone other than Defendants and the Restrained Parties. The undertaking in the amount of $10,000 dated November 9, 2022 and entered on November 14, 2022 (DE 25) shall be deemed sufficient to secure the TRO and this preliminary injunction. IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/17/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.