The Federal Court of Australia has dismissed a case brought by Kanye West, formerly known as Ye, against a burger restaurant in Melbourne’s northern suburbs. The lawsuit was filed against Ivanhoe business College Dropout Burgers and its owner, Mark Elkhouri, on the grounds that the business engaged in misleading and deceptive conduct by representing that it had Ye’s sponsorship or approval. The restaurant’s name, burgers, and signage borrowed titles from Ye’s albums and songs. ‘The College Dropout’ is the name of Ye’s debut album in 2004. In some strange stroke of fate, Ye’s current wife Australian Bianca Censori grew up in the same suburb where College Dropout Burgers operates.
The case was dismissed after lawyers representing Mr. Elkhouri informed the court that Ye had not responded to them despite several attempts and had “no genuine interest” in progressing the case. Justice Shaun McElwaine agreed with Mr. Elkhouri’s lawyers and said that Ye had “commenced proceedings with all guns blazing” only not to take a “step thereafter.”
Ye’s lawyers had claimed that he had suffered loss and damage as a result of Mr. Elkhouri’s business. They argued that Ye had sold more than 140 million records internationally and was one of the best-selling artists of all time. Many of the burgers on College Dropout’s menu had names derived from albums or songs released by Ye. 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.
Outside court, Mr. Elkhouri expressed relief that the case against him and his business was over and said he would be giving away free cheeseburgers at his Ivanhoe store as a show of gratitude to the local community. He said that he intended to keep the name if he did, but it would be on his terms. Mr. Elkhouri also indicated that he was pursuing costs against Ye, which had been awarded in his favor by Justice McElwaine.
In conclusion, the dismissal of Ye’s lawsuit against College Dropout Burgers and its owner, Mark Elkhouri, shows that Ye did not take the necessary steps to advance his case. The lawsuit drew national attention to the small burger restaurant, which has become significantly more well-known as a result of the national coverage of the case. Mr. Elkhouri has expressed his intention to keep the name, saying that it was inspired by Ye’s character, but he does not support Ye.
Wearing a t-shirt that said ‘I am not Kanye West’ and ‘Case Dismissed,’ Mr Elkhouri said outside court 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.’ 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.’
Main Image: Kanye West (Image via Getty Images) / Mark Elkhouri (Screenshot via Instagram / College Dropout Burgers)