Australian judge dismiss Kanye West’s case against Melbourne eatery after they used his album name and song titles as menu 

An Australian judge has dismissed a lawsuit brought by US rapper Ye (formerly known as Kanye West) against a burger restaurant in Melbourne.

The Federal Court of Australia ruled that Ye had taken no steps to advance the case since initiating proceedings last year. The rapper had taken legal action against College Dropout Burgers and its owner, Mark Elkhouri, in October, alleging that they engaged in “misleading and deceptive conduct” by using the business name, burgers, and signage that borrowed titles from Ye’s albums and songs without his approval or sponsorship.

Craig Smith SC, representing Mr Elkhouri, stated that Ye had not responded to their attempts to communicate and had “no genuine interest” in progressing the case. Justice Shaun McElwaine agreed with Mr Smith and said that Ye had “commenced proceedings with all guns blazing” only to take no further steps.

Ye’s lawyers had argued that he had “suffered loss and damage” as a result of Mr Elkhouri’s business using his intellectual property without permission.

They requested that the business cease using the name College Dropout Burgers and any signs and logos based on Ye’s debut album. However, the law firm King and Wood Mallesons, who had represented Ye, has since ceased to do so.

Ye, 45, legally changed his name from Kanye Omari West in 2021. Outside the court, Mr Elkhouri said he was relieved that the case against him and his business was over and intended to give away free cheeseburgers at his Ivanhoe store from 2-3pm on Saturday as a show of gratitude to the local community. He also said that he would be pursuing costs against Ye, which had been awarded in his favour by Justice McElwaine.


»Australian judge dismiss Kanye West’s case against Melbourne eatery after they used his album name and song titles as menu «

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