Whataburger filed a trademark infringement and breach of contract lawsuit against North Carolina-based restaurant What-A-Burger #13 Tuesday.
With the lawsuit, Whataburger is seeking to keep their North Carolina competitors from using the “What-A-Burger #13″ name permanently, as well as damages for their use of the trademark.
The Texas-based chain said in the filing to the U.S. District Court for the Middle District of North Carolina that they have used the “Whataburger” name since 1950 and that they have owned the “WHATABURGER” trademark since 1957, while the North Carolina establishment opened more than a decade later in 1969.
The filing goes on to detail a coexistence agreement between the two entities that took effect May 19, 2023. The contract came after Whataburger contacted the North Carolina brand in October 2022 to notify them of a potential trademark infringement. The parties then agreed to allow limited uses of the “What-A-Burger #13″ brand under certain conditions.
Whataburger says the North Carolina brand has continued using the name “in ways that were not allowed under the Agreement,” per the filing. The document also states that What-A-Burger #13 failed to address their breach of contract even after multiple notices from Whataburger.
The legal action comes as Whataburger makes plans to expand into North Carolina, which would become the 15th state with a location. The Raleigh News & Observer reported earlier this year that the brand has submitted plans for five locations in three cities: Charlotte, Greensboro and Fayetteville. The filing states Whataburger’s intentions to enter the North Carolina market “sometime in 2025.”
