Kanye West lawsuit against College Dropout Burgers, Melbourne, is dismissed in Federal Court

An Australian judge has thrown out a case brought by American rapper Ye, formerly known as Kanye West, against a burger joint in Melbourne’s northern suburbs.

The judge said that the musician had not taken “any action” to advance his case since the process began last year.

Ye brought legal action against Ivanhoe Business College Dropout Burgers and its owner, Mark Elkhouri, in October on the grounds that it engaged in “misleading and deceptive conduct” by representing the company as sponsored or approved by Ye.

The restaurant’s name, burgers, and signage borrowed titles from Ye’s albums and songs.

The rapper’s case was dismissed in Australia’s Federal Court on Friday morning after lawyers representing Elkhouri told the court that Ye had not responded to them, despite several attempts, and that he “did not have an interest genuine” in the progress of the case.

Craig Smith SC, representing Mr Elkouri, said that “it has become clear that at this point the applicant (Ye) is not interested”.

Judge Shaun McElwaine agreed with Smith, saying Ye had “launched proceedings with all guns blazing” only to not take “one step later.”

A statement of claim filed in Federal Court in October by the prestigious law firm King and Wood Mallesons, which has since stopped representing Ye, said the rapper had “suffered losses and damages” as a result of Elkhouri’s business.

“Ye has sold more than 140 million records internationally and is one of the best-selling artists of all time,” his lawyers said.

“Many of the burgers on the (College Dropout) menu have names that are derived from albums or songs released by Ye,” they said.

‘The College Dropout’ was the name of Ye’s debut album in 2004.

College Dropout Burgers in Ivanhoe, Melbourne, (pictured) came under the national spotlight when Ye filed legal action in October last year. Lawyers argued that the restaurant’s name, burgers and signage used titles from the rapper’s albums and songs.

The lawsuit statement called on Elkhouri’s company to immediately stop using the College Dropout Burgers name and any signage and logos based on Ye’s original album.

“Due to the aforementioned conduct, Ye has suffered and will continue to suffer loss and damage.”

Ye, 45, legally changed his name from Kanye Omari West in 2021.

Last year, Ye divorced his wife of eight years, socialite Kim Kardashian, and is now married to Australian Bianca Censori, who in a strange twist of fate grew up in the same suburb where College Dropout Burgers operates.

Outside court on Friday, Elkhouri said he was “very relieved” about the case against him and that his business was over, but he had no doubt things would end in his favor.

He said he would be giving away cheeseburgers at his Ivanhoe store on Saturday from 2 to 3 p.m. in a show of gratitude to the local community.

College Dropout Burgers owner Mark Elkhouri (pictured outside court wearing a T-shirt that reads “I’m Not Kanye West”) said he would consider changing his restaurant’s name.

Elkhouri said it was “important” that he seek costs against Ye, which Judge McElwaine had awarded in his favour.

“I don’t even know anything about it, all I know is that I make good burgers.”

Wearing a T-shirt reading “I’m not Kanye West” and “Case Dismissed,” Elkhouri said outside court that he might celebrate the firing by throwing pies at his business, which is now significantly more well-known due to national coverage. of his court case.

When asked if he intended to keep the name, he said “if I do, it’s on my terms.”

He said that Kanye West was an inspiration for “who I am as a person”.

‘This character of Ye, I don’t know who it is. I don’t support it.

Elkhouri declined to comment on how much the Ye litigation had cost him.