Rapper Ye, formerly known as Kanye West, has failed to engage with a lawsuit he instigated against a Melbourne burger shop which shares the name of his first album, a court has heard.

A lawyer for College Dropout Burgers told the Federal Court in Melbourne on Friday they would try to get the case thrown out if Ye continued not responding.

Meanwhile, Ye’s lawyers have made an application to cease acting for him.

Early last year College Dropout Burgers, named after the rapper’s 2004 platinum album, changed its logo, the names of its burgers — which were named after Ye songs — and painted over a Ye mural after being contacted by the rapper.

The burger shop continued to trade under the same name.

In October last year Ye instituted legal proceedings against the Ivanhoe business, located in Melbourne’s north-eastern suburbs, accusing its owner Mark Elkhouri of misleading and deceptive conduct and of attempting to profit by false association with Ye himself and the Ye brand name.

Ye identifies himself in court documents as “a musical artist, producer, film director, performer, fashion designer and entrepreneur” who has sold over 140 million records and “is one of the best selling artists of all time”.

Lawyers representing Mr Elkhouri told the court it was now unclear if Ye was interested in continuing the case.

“The applicant has taken a single substantive step … to commence the proceeding … but nothing since then,” lawyer Craig Smith told Justice Shaun McElwaine during Friday’s case management hearing.

“The unknown at present is whether the applicant will take any substantive steps in the proceeding.

“If he doesn’t intend to, my client would intend to get the proceedings dismissed.”

Lawyer for Ye, Luke Merrick, said he was in the process of withdrawing to act for Ye and indicated he had limited contact with the rapper.

“I am not able to assist, I don’t have instructions,” he told the court.

Justice McElwaine ordered Ye to file and serve evidence before February 23 or notify the burger shop if he does not intend to do so.

Speaking outside court, burger shop owner Mr Elkhouri said he was hoping to move past the lawsuit.

“I won’t be bullied,” he said. 

“I’m hoping to get this matter over and done with, so we can focus on the actual burgers.”

Mr Elkhouri said he was surprised to hear that the rapper’s new wife, Bianca Censori, is reportedly from Ivanhoe – the same suburb where his burger shop is located.

“That’s a pretty crazy coincidence, I think,” he said.

It was possible Ms Censori told Ye about the business in the first place, he said.

“There’s always a chance that happened,” Mr Elkhouri said.

“I’ve got a lot of support behind me, not only family and friends, but the whole suburb of Ivanhoe is behind me.”

The matter will return to court in March.