A judge has dismissed Kanye West’s lawsuit against a burger bar in Australia (Picture: Roy Rochlin/Getty Images)
A lawsuit filed by Kanye West against an Australian burger shop has been dismissed by a court.
The Gold Digger rapper filed the suit in October 2022, claiming that Melbourne-based burger shop The College Dropout used the name of his 2004 album (also The College Dropout) without permission.
It was previously reported that owner Mark Elkhouri was hit with a cease and desist letter in February 2021, despite the burger joint only opening its doors in June last year.
He went ahead with the business, though, and, until recently, its logo was also very similar to the teddy bear design on West’s album artwork.
Elkhouri was then sent a second cease and desist letter last June, after which he removed all references to West, 45, in his branding and menu – they previously sold a fried chicken burger called the Golddigger and a Cheezus cheeseburger.
Items on their menu were changed to instead reference other celebrities who dropped out of college, such as Steve Jobs.
The rapper did not appear in court for the hearing (Picture: AP)
However, West still claimed the branding constituted ‘misleading and deceptive conduct,’ accusing the restaurant of trying to profit by false association with him.
But unfortunately for the musician, his case been thrown out, as per the Herald Sun.
The Federal Court of Australia in Melbourne heard from Elkhouri’s lawyers on Friday (March 3) that West had failed to respond to them on multiple occasions, including their requests for him to pay for proceedings.
They said he had ‘no genuine interest’ in pursuing the matter and lawyer Craig Smith sought to have the suit dismissed on three grounds related to non-compliance with court procedures.
He claimed the owner was trying to profit off a false association with him (Picture: Rich Fury/VF20/Getty Images for Vanity Fair)
In response, Justice Shaun McElwaine agreed, saying that West had ‘commenced proceedings with all guns blazing’ only not to take a ‘step thereafter.’
He hailed West’s actions ‘very unsatisfactory conduct’ and said the plaintiff and his lawyers had ‘given no attention to the overarching practices and procedure of this court.’
Neither West nor his legal team were present in court, but were ordered to pay legal costs.
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Speaking to press after the hearing, Elkhouri told reporters that he felt ‘very relieved’ the case was over.
He does insist that he’s still a fan of West’s earlier music, though.
Reps for Kanye West have been contacted for comment.
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A judge said he had ‘given no attention to the overarching practices’ of the court.