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Corporate Fat Cat Targets Smaller Business With Lawsuit Over Similar Name
Whataburger attempts to stamp out similarity and sued a NC restaurant.
Published June 18, 2024 at 9:54am by Brandi D. Addison
Whataburger Sues Smaller North Carolina Chain, What-A-Burger #13, for Trademark Infringement
Texas-based fast food chain Whatabrands, LLC./Whataburger has filed a lawsuit against a small North Carolina restaurant chain, What-A-Burger #13, alleging trademark infringement and violation of a mutual agreement.
"Local news outlets in North Carolina began speculating as early as 2022 about Whataburger’s potential expansion into the state."
—From the Whataburger lawsuit
History:
- Whataburger: Founded in Texas, 1950. 700+ locations in Texas, 940+ locations across 15 states today.
- What-A-Burger #13: Emerged in North Carolina, 1969. Currently has two locations and one food truck.
The Agreement:
In May 2023, both companies signed a mutual agreement to minimize brand confusion, allowing each to operate under certain conditions with the use of their respective names.
The Lawsuit:
Whataburger alleges that What-A-Burger #13 created an LLC (WAB #13) before the agreement went into effect and violated the terms of the contract. Whataburger is asking the courts to require What-A-Burger #13 to change its name.
Read more: Whataburger or What-A-Burger? Texas-based chain files trademark lawsuit against restaurant