Kanye West’s lawsuit against Australia burger shop formally dismissed
Kanye West‘s lawsuit against an Australian burger bar has been dismissed in Federal Court.
The rapper filed the suit last October, claiming Victoria burger joint College Dropout Burgers and its owner Mark Elkhouri were using the name of his 2004 album debut, ‘The College Dropout’, without his permission.
West also alleged that the branding constituted misleading and deceptive conduct, and that the bar was attempting to profit by false association with the star and his brand.
As the Herald Sun reports, Ye’s case was thrown out by the Federal Court of Australia in Melbourne today (March 3). Elkhouri’s lawyers told the court that West had failed to respond to them on multiple occasions, and had “no genuine interest in this proceeding”.
Lawyer Craig Smith sought to have the suit dismissed on three grounds related to non-compliance with court procedures.
Justice Shaun McElwaine agreed with Smith, saying that West had “commenced proceedings with all guns blazing” only not to take a “step thereafter”.
The court heard that the ‘Donda’ artist’s initial legal team had withdrawn from the case. Neither the plaintiff nor his new, US-based lawyer were present in court today, according to ABC.
One issue at hand was a security payment that Elkhouri’s team requested West pay as part of the proceedings. However, Smith claimed that they had not yet received a formal response.
Justice Shaun McElwaine said this was “very unsatisfactory conduct” on the rapper’s part. Later, he concluded that the plaintiff and his lawyers had “given no attention to the overarching practices and procedure of this court” and dismissed the case.
McElwaine ordered West’s team to pay legal costs. Elkhouri said it was “important” to pursue this matter, but his lawyers acknowledged that this could be difficult given the star’s reps are based overseas.
Elkhouri wore a T-shirt featuring the slogan “I am not Kanye West” to court. Speaking to reporters, he said he was “very relieved” the case was over but told them that he’s still a fan of Ye’s earlier material.
“There were some very, very hard times in my life that [West] kind of helped me through, whether it was his previous albums and the type of message,” Elkhouri explained.
Referring to West’s controversial behaviour of late, however, he said: “This Ye character – I don’t know who he is. I don’t support him.”
Elkhouri was asked whether he intended to keep the restaurant’s name. “If I do, it’s on my terms,” he replied.
West’s lawsuit included a declaration that Elkhouri breached Australian Consumer Law and an injunction on him representing College Dropout Burgers or its products as having the rapper’s endorsement.
It was reported last month that the suit had been dropped after Ye became unreachable. Elkhouri’s lawyers told a court on February 10 that West had not responded to any of their attempts at communication with regard to securing legal costs before the case got underway.
The lawsuit claimed that being associated with the restaurant would cause loss and damages to West’s brand. “Ye has suffered, and will continue to suffer, loss and damage,” the document read. “Ye has sold more than 140 million records internationally and is one of the best-selling artists of all time.”
Elkhouri was first given a cease-and-desist letter in February 2021 from West, five months before the burger bar opened. After he continued with plans for the restaurant – which features a logo based on the bear from the cover of ‘The College Dropout’ – West sent a second cease-and-desist notice in June 2021.
In the latter, West asked the owner to change the names of menu items such as their Golddigger, Good Morning, Cheezus and Parties in L.A. burger, paint over a mural of the star, and get rid of its logo. Elkhouri announced that he would be complying with the “removal of all references to Ye” and said the restaurant would “no longer assert that we are directly inspired by Ye or his music”.
Although the cease-and-desist allowed Elkhouri to continue using the College Dropout name, West was reportedly still upset at the restaurant’s moniker and silhouettes of the Dropout Bear being used online.
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Tom Skinner
NME
