An Australian judge has taken the “serious step” of dismissing a case brought by US 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” in advancing his case since initiating proceedings last year.
Ye commenced legal action against Ivanhoe business College Dropout Burgers and its owner, Mark Elkhouri, in October on the grounds he had engaged in “misleading and deceptive conduct” by representing that the business had Ye’s sponsorship or approval.
The restaurant’s name, burgers and signage borrowed titles from his Ye’s albums and songs.
But the rapper’s case was dismissed in the Federal Court of Australia on Friday morning after lawyers representing Mr Elkhouri told the court that, despite repeated attempts, Ye had not responded to them and had “no genuine interest” in progressing the case.
Craig Smith SC, representing Mr Elkouri, said it had “become clear that by this point the (Ye) applicant is not interested”.
Justice Shaun McElwaine agreed with Mr Smith, and said Ye had “commenced proceedings with all guns blazing” only not to take a “step thereafter”.
A statement of claim filed in the Federal Court in October by prestigious law firm King and Wood Mallesons, who have since ceased to represent Ye, said the rapper had “suffered loss and damage” as a result of Mr 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 (College Dropout’s) menu have names which are derived from albums or songs released by Ye,” they said.
‘The College Dropout’ was the name of Ye’s debut album in 2004.
The statement of claim requested Mr Elkhouri’s business to immediately cease using the name College Dropout Burgers and any signs and logos based on Ye’s original album.
“By reason of the conduct referred to above, 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 stroke of fate grew up in the same suburb where College Dropout Burgers operates.
Outside court on Friday, Mr Elkhouri said he was “very relieved” the case against him and his business was over, but was in no doubt things would be concluded in his favour.
He said he would be giving away free cheeseburgers at his Ivanhoe store from 2-3pm on Saturday in a show of gratitude to the local community.
Mr Elkhouri said it was “important” he was pursuing costs against Ye, which had been awarded in his favour by Justice McElwaine.
“I don’t even know anything about it – all I know is that I make good burgers.”
Wearing a t-shirt that said “I am not Kanye West” and “Case Dismissed,” Mr Elkhouri said outside court on Friday morning that he might celebrate the dismissal by flipping patties at his business, which is now significantly more well known due to the national coverage of his court case.
Asked whether he intended to keep the name, he said “if I do, it’s on my terms.”
He said Kanye West was 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 litigation had cost him.
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