Rapper takes legal action against Melbourne hamburger hotspot
Originally themed in honour of US rap artist Kanye West, a Melbourne diner is feeling fresh heat as the singer launches legal action against College Dropout Burgers’ trademark application
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The rapper formerly known as Kanye West has launched legal action against an Australian burger shop.
West, who legally changed his name to Ye, has made the court move against Melbourne’s College Dropout Burgers.
The musician filed a motion* and statement of claim* in the Federal Court late on Friday, accusing the burger joint and its owner Mark Elkhouri of misleading* and deceptive* conduct.
“I can’t understand what would motivate a major artist to sue a small, humble* burger restaurant on the other side of the world,” Mr Elkhouri told the Sunday Herald Sun.
The legal action comes after lawyers acting for West sent Mr Elkhouri a cease and desist* letter earlier this year, demanding all references to the superstar and his work be removed from the shop.
The popular burger joint opened in May last year and was originally themed in honour of the US music and fashion star.
West was featured in a mural at the front of the business and several menu items such as the “Gold Digger” fried chicken burger and the “Good Morning” breakfast burger were named after his songs.
The shop’s emblem was also inspired by the “Dropout Bear” — a logo created and made famous by West.
Even the name of the shop had a West link: The College Dropout was the name of West’s first album.
Mr Elkhouri responded to the cease and desist notice in June by painting over the mural, dropping the Dropout Bear, changing the name of the offending burgers and commissioning* a new logo for the business from a local artist.
“College Dropout Burgers has respectfully removed all references to Ye, establishing a new direction, theme and brand identity,” he said.
However, he kept the name of the business, noting that he was himself a college dropout.
It can also be revealed that in February, Mascotte Holdings, the company that holds all of West’s trademarks*, filed an opposition with IP* Australia to Mr Elkhouri’s application to trademark the name College Dropout Burgers.
The opposition claimed the trademark was likely to deceive or cause confusion, was similar to a trademark which had built a reputation in Australia and that the application was made in bad faith.
Global law firm King & Wood Mallesons is acting on behalf of West’s Mascotte Holdings in the trademark opposition and for West in the Federal Court matter.
The firm was unable to comment on the court action when contacted.
GLOSSARY
- motion: application made to a court or judge to obtain an order, ruling, or direction
- statement of claim: summary of facts supporting your legal claim
- misleading: confusing, causing someone to believe something that is not true
- deceptive: untruthful, giving a false impression or appearance of something
- humble: considered of no special importance, modest, simple
- desist: to stop doing something, cease to proceed or act in a certain way
- commissioning: choosing and paying someone to do a particular piece of work
- trademarks: business identities that help people and companies promote products and services
- IP: intellectual property, productive new ideas that you create, the property of your mind
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QUICK QUIZ
- The rapper known as Kanye West has legally changed his name to what?
- Which two burgers were among those originally named after his songs?
- Which logo did the burger joint use that was created and made famous by West?
- What was the name of West’s first album?
- Who was originally featured in a mural at the front of the shop?
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CLASSROOM ACTIVITIES
1. College Dropout Burgers
What reasons do you think Ye (formerly known as Kanye West,) had to get his lawyers to launch legal action against College Dropout Burgers in Melbourne when he is based in the USA?
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Do you think the theme and names associated with College Dropout Burgers were meant to offend Ye and his brand?
Why is it illegal to use other people’s name, image and trademarks in a different type of business that is not associated with that person?
Would you like your image and references to you used in a way that you haven’t authorised? Why or why not?
Time: allow 20 minutes to complete this activity
Curriculum Links: English; HASS; Personal and Social; Critical and Creative Thinking
2. Extension
Do you believe the action that College Dropout Burgers took was enough to remove the references from Ye and his associated brand?
Write a letter to Ye stating the things they’ve changed and explaining it’s not referring to him in a way now that people should associate with him.
Time: allow 15 minutes to complete this activity
Curriculum Links: English; Personal and Social; Critical and Creative Thinking
VCOP ACTIVITY
What happens next?
Imagine this story is part of an animated series made up of three cartoons. The three cartoons tell the complete story and this article is only Part 1. Think about what the rest of the story could be and draw the next two cartoons that tell the story.
Time: allow 30 minutes to complete this activity
Curriculum Links: English; Visual Arts; Visual Communication Design; Critical and Creative Thinking