An Australian judge has dismissed a case brought by American rapper Ye, formerly known as Kanye West, against a burger restaurant in Melbourne’s northern suburbs.
The judge said the musician had taken “no steps” to advance his case since proceedings began last year.
Ye filed legal action in October against Ivanhoe Business College Dropout Burgers and its owner, Mark Elkhouri, for engaging in “misleading and deceptive conduct” by representing that the business was sponsored or endorsed by Ye.
The restaurant’s name, burgers, and signage borrowed titles from Ye’s albums and songs.
The rapper’s case was dismissed by the Federal Court of Australia on Friday morning after lawyers representing Mr Elkhouri told the court that Ye had not responded to them – despite several attempts – and had “no genuine interest” in taking the case forward. to put.
Ye, formerly known as Kanye West, (pictured) has his lawsuit against a Melbourne burger restaurant thrown out of court after the rapper took “absolutely no steps” to advance his case
Craig Smith SC, representing Mr Elkouri, said it had become ‘obvious that the (Thou) applicant is not interested at this time’.
Judge Shaun McElwaine agreed with Mr Smith, saying that Ye ‘started the proceedings with all guns blazing’ and then took no ‘step after that’.
A claim filed in Federal Court in October by prestigious law firm King and Wood Mallesons, who have since ceased to represent Ye, said the rapper had suffered “losses and damages” as a result of Mr Elkhouri’s affairs.
“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 (College Dropout)’s menu have names 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 into the national spotlight when Ye filed a lawsuit in October last year. Lawyers argued that the name of the restaurant, burgers and signage used titles of the rapper’s albums and songs
The claim requested Mr. Elkhouri’s company to immediately stop using the College Dropout Burgers name and all signs and logos based on Ye’s original album.
“You have been harmed by the above conduct and will continue to be harmed.”
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, by a strange twist of fate, grew up in the same suburb where College Dropout Burgers operates.
Out of court, Mr Elkhouri said on Friday he was “very relieved” that the case against him had been settled and his case was over, but he had no doubts that the cases would be settled in his favour.
He said he would be giving away free cheeseburgers at his Ivanhoe store Saturday from 2-3 p.m. as a show of gratitude to the local community.
Mark Elkhouri, owner of College Dropout Burgers (pictured outside court wearing an ‘I am not Kanye West’ t-shirt) said he would consider changing his restaurant’s name
Mr Elkhouri said it was ‘important’ that he sought legal costs against Ye, which were awarded in his favor by Judge McElwaine.
“I don’t even know about it – I just know I make good burgers.”
Wearing a T-shirt that read ‘I’m not Kanye West’ and ‘Case dismissed’, Mr Elkhouri said outside court that he could celebrate the firing by flipping pasties at his company, which is now considerably more famous is because of the national coverage of his lawsuit.
When asked if he intended to keep the name, he said “if I do, it will be on my terms.”
He said Kanye West was the inspiration for “who I am as a person.”
“This Ye character – I don’t know who he is. I don’t support him.’
Mr Elkhouri declined to comment on how much Ye’s trial had cost him.