‘He must be held to account’: Burger boss’ US mission to make Kanye pay

An Ivanhoe burger shop owner has jetted off to the US to hunt down Kanye West after the rap star escaped without paying a hefty bill.

College Dropout Burgers owner Mark Elkhouri is determined to make rapper Kanye West pay up. Picture: Jake Nowakowski

The owner of a Melbourne burger joint who won the legal bunfight launched by American rapper Kanye West has jetted to the US to track down the millionaire and make him pay up.

West commenced legal action against College Dropout Burgers in the Federal Court last year, accusing the small Ivanhoe shop and its owner, Mark Elkhouri, of misleading and deceptive conduct.

He alleged he had suffered “loss and damage” because Mr Elkhouri’s business was using the name of one of his albums – The College Dropout – and branding its buns after several of his songs without authorisation.

But Justice Shaun McElwaine dismissed the case in early March after finding West’s US-based lawyers had taken no steps to progress the matter.

West was ordered to pay Mr Elkhouri’s legal costs – which ran into the tens of thousands of dollars – but barrister Craig Smith said enforcement would be “unlikely”.

Mr Elkhouri has jetted to the US to track West down.

Mr Elkhouri says West ‘must be held to account’.

Having not been paid one cent, Mr Elkhouri told the Herald Sun he has been in contact with West’s representatives to try to tee up a meeting with the artist.

“Even though the lawsuit resulted in my favour, as a small-business owner, the result has left a dent in my pocket,” he said.

“I’ve suffered a loss and … I’m seeking the costs that were awarded to me.”

West dropped off the Forbes billionaires list last year after he destroyed his longstanding partnership with sportswear giant Adidas by making a raft of anti-Semitic remarks.

He is now estimated to be worth $400m.

Mr Elkhouri, who landed in the US this week, said he could only guess why the millionaire was yet to cough up the cash he owes.

“He may have thought the outcome would have been in his favour or perhaps he doesn’t want to pay,” he said.

“Whatever the reason, he must be held to account.”

Earlier this year, West married new wife Bianca Censori – who coincidentally hails from Ivanhoe – with the pair reportedly planning to visit her family in Melbourne.

But the trip never eventuated, dashing the burger boss’ hopes of facing West on home turf.

If a meeting with the singer cannot be arranged while he is in the US, Mr Elkhouri said West’s lawyers were “open” to meeting him without their client.

West was ordered to pay Mr Elkhouri’s legal costs. Picture: AFP

When dismissing the case, Justice McElwaine said West’s lawyers had not complied with legal obligations on three occasions, including by failing to appear at the last hearing on March 3.

His Australian-based lawyers ceased acting for him at an earlier hearing in February, after he stopped communicating with them.

West, who has legally changed his name to Ye, first threatened College Dropout Burgers with legal action in June last year, forcing the shop to overhaul its menu and redecorate its premises.

Mr Elkhouri, himself a university dropout, said at the time that he had no interest in engaging in any legal proceedings and decided to comply with his demands.

But the former husband of Kim Kardashian filed a whopper 43-page statement of claim in the Federal Court in late October.

“By reason of the conduct referred to … Ye has suffered, and will continue to suffer, loss and damage,” the statement of claim read.

Mr Elkhouri is determined to make rapper Kanye West pay up. Picture: Jake Nowakowski.

However, in a defence filed in late November, Mr Elkhouri said he had not been misleading since there were disclaimers on his website and social media channels stating the business and burgers were not associated with West.

If he gets to meet him face-to-face, Mr Elkhouri said he hopes he shows “some sense of remorse for his actions”.

“There was no need for him to go down that track in the Federal Court,” he said.

“It would have been nice for him to appreciate what I was doing at the time, rather than trying to start this narrative.”