A legal battle has erupted between Texas-based fast food giant Whataburger and a local North Carolina restaurant chain, What-A-Burger #13, over alleged trademark violations and breach of contract.

Whataburger, established in 1950 and renowned for its iconic burgers, has set its sights on expanding into North Carolina, with plans already announced for a new location in Charlotte by April 2024. However, their expansion has encountered a legal hurdle as they accuse What-A-Burger #13, operating since 1969 in Mount Pleasant and Locust, of using a confusingly similar name.

The Lawsuit and Allegations

According to court documents filed recently, Whataburger’s parent company, Whatabrands LLC, claims that What-A-Burger #13’s use of the trademarked name creates a likelihood of customer confusion. The lawsuit alleges that despite a prior coexistence agreement signed in May 2023, What-A-Burger #13 has breached the terms by expanding its operations under a new LLC without notifying Whataburger. This alleged breach includes unauthorized use of the trademarked name beyond the agreed-upon terms.

Historical Context and Previous Legal Battles

This isn’t the first time Whataburger has litigated over its trademark. In 2003, similar issues arose with restaurants in Virginia using variations of the name What-a-burger. The court ruled in favor of the Virginia establishments, citing lack of consumer confusion and historical context around the founding of these businesses.

Implications and Legal Strategy

Whataburger’s legal action seeks to halt What-A-Burger #13’s use of their trademark and enforce the termination of their previous agreement. The company argues that continued unauthorized use could mislead consumers about the affiliation between the two brands and harm Whataburger’s reputation for quality and consistency.

Conclusion: Protecting Brand Integrity

Whataburger’s move to expand into North Carolina underscores its strategic growth plans, aiming to maintain brand integrity amid legal challenges. The outcome of this case could have broader implications for trademark protection in the restaurant industry, highlighting the importance of clear agreements and compliance with intellectual property laws.

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This article provides a detailed overview of the legal dispute between Whataburger and What-A-Burger #13, emphasizing the implications of trademark infringement and the company’s expansion plans into North Carolina.

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