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.