In the Australian federal court, the case brought by Kanye West against College Dropout Burgers and its owner, Mark Elkhouri, has been dismissed. The rapper, who now goes by the name of Ye, accused the burger restaurant of misleading and deceptive conduct, claiming that the name of the restaurant implied that it was affiliated with him or had his sponsorship or approval, in violation of the Australian Consumer Law (ACL).
However, Ye and his legal team failed to appear in court, and the case was dismissed at the request of Elkhouri’s lawyers. Justice Shaun McElwaine stated that Ye and his lawyers had defaulted on their legal obligations three times and had taken no steps to progress the case. He also noted that early dismissal orders should be used sparingly, but that in this case, they were appropriate due to Ye’s lack of action.
The dismissal of the case has left Elkhouri with legal costs, but he has not disclosed the amount. He has also expressed uncertainty about whether he will keep the College Dropout name. Elkhouri has stated that he is still a fan of Kanye West, but he does not support the Ye character or the narrative he has tried to portray.
Under the Australian Consumer Law (ACL), businesses are prohibited from engaging in misleading or deceptive conduct that may deceive consumers. This law is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Essentially, the case brought by Kanye West against College Dropout Burgers has been dismissed, and Elkhouri has been awarded costs. The case highlights the importance of complying with the Australian Consumer Law and the consequences of failing to take legal action in a timely manner.
