Texas chain sues over trademark.

Texas-based fast food giant Whataburger is suing a small North Carolina restaurant chain, What-A-Burger #13, for trademark infringement.

"Local news outlets in North Carolina began speculating as early as 2022 about Whataburger's potential expansion into the state."
--Excerpt from Whataburger lawsuit

Whatabrands, LLC (Whataburger's parent company), filed the lawsuit last week, claiming the smaller chain violated a mutual agreement established in May 2023, which permitted both entities to operate under certain conditions to minimize brand confusion.

Whataburger, founded in Texas in 1950, learned that What-A-Burger #13, founded in 1969, had created an LLC, WAB #13, before the agreement was signed, and alleges they were not informed. This alleged violation has effectively voided the agreement, and Whataburger wants the courts to force What-A-Burger #13 to change its name.

Whataburger has over 940 locations across 15 states and is continuing to expand.