Kanye West stopped engaging with lawyers in burger fight, court told

The owner of a Melbourne burger joint is hoping the legal bunfight launched against him by Kanye West will be thrown out, after the rapper stopped engaging with his lawyers.

Mark Elkhouri at his popular burger joint in Ivanhoe. Picture: Jake Nowakowski

The owner of a popular burger joint in Melbourne’s northeast has declared his legal bunfight with US rapper Kanye West is a “modern David and Goliath story” and hopes the case will be thrown out.

West, who has legally changed his name to Ye, launched Federal Court ­action in October against Ivanhoe business College Dropout Burgers, accusing the business and its owner, Mark Elkhouri, of misleading and deceptive conduct.

But on Friday, it was revealed in the Federal Court that lawyers for West will cease acting for the rapper – who is worth an estimated $400m – after he stopped communicating with them.

Speaking outside court, Mr Elkhouri told the Herald Sun he would not be “bullied” and would stand his ground until the case was dismissed.

“I am hoping this matter will be over and done with so we can focus on the actual burgers and the brand that is behind them,” he said.

“I cannot deny that Kanye was one of my many influences growing up.

“But as it stands today, and I think I speak for many fans, I just don’t know who this ‘Ye’ person is and what he represents anymore.”

Mark Elkhouri, owner of Ivanhoe business College Dropout Burgers, at the Federal Court in Melbourne. Picture: Andrew Henshaw

Barrister Craig Smith, for Mr Elkhouri, told the court his client had been seeking a “security of costs” – to guarantee the American could pay up if he loses the case – since October.

“To date, we’ve had no substantive response,” Mr Smith said.

“(West) has only taken the single, substantive step of commencing the proceeding.”

To which Justice Shaun McElwaine added: “And he’s done nothing since.”

Mr Smith said if West does not intend to take any further steps, he would be seeking the case to be dismissed.

West 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 the millionaire’s demands.

Ye has stopped engaging with his lawyers, a court was told. Picture: AFP

This meant destroying a handpainted mural of West, commissioning a new logo and renaming its burgers.

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

It alleged Mr Elkhouri’s business was still using the name of one of his albums – The College Dropout – and was still branding its buns after several of his songs without authorisation.

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

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.

Earlier this year, West married new wife Bianca Censori, who coincidentally hails from Ivanhoe in Melbourne.

The case will return to court for another case management hearing on March 3.