North Carolina
Whataburger sues North Carolina-based chain over name
(WGHP) — A Texas-based fast food chain that has plans to expand into North Carolina is suing a locally-based restaurant after they say it violated terms of an agreement that allowed them to use similar names.
A lawsuit was filed in court on Tuesday, where Whatabrands, LLC., the parent company of Whataburger, alleged trademark infringement and the violation of a contract against What-A-Burger #13, a small chain of restaurants with locations in Mount Pleasant and Locust.
Whataburger, which plans to expand into North Carolina and announced a Charlotte location made in April 2024, was founded in 1950 in Texas. The North Carolina What-A-Burger #13 advertises having been operational since 1969, nearly two decades later.
“Local news outlets in North Carolina began speculating as early as 2022 about Whataburger’s potential expansion into the state,” according to the suit.
“Whataburger contacted certain of Defendants on October 13, 2022, in anticipation of its entry into North Carolina to notify them that continued use of their What-A-Burger #13 Mark creates a likelihood of confusion and thus infringes the WHATABURGER Mark given Whataburger’s nationwide priority in its WHATABURGER Mark as of 1957,” the lawsuit states.
They go on to say that they signed a coexistence agreement with What-A-Burger #13, allowing them both to operate under certain conditions to minimize confusion between the two brands. This agreement was effective May 19, 2023, according to the documents.
“Per the Agreement, Signatory Defendants could use the What-A-Burger #13 Mark only in connection with their existing brick-and-mortar locations (identified above) and in connection with their then-existing single food truck in limited ways.”
Now, Whataburger says that the owner of What-A-Burger #13 created a new Norwood-based LLC, WAB #13, before the agreement went into effect and did not tell Whataburger about it. The What-A-Burger owner reportedly characterized the new LLC as “part of a single ‘small, family owned, fast paced business’ founded in 1969,” like the other What-A-Burger #13 restaurants.
The Texas restaurant chain has accused the North Carolina owner of breaching their agreement by using the What-A-Burger #13 Mark with their food trucks “in ways that were not allowed under the Agreement.” Despite contact with the defendants over alleged breaches in their previously signed agreement, Whataburger claims that What-A-Burger #13 continues to operate in a way that violates the agreement.
Whataburger claims that this alleged violation automatically terminates their agreement with What-A-Burger #13 and is now asking the court to order that What-A-Burger #13 stop using the name.
“Defendants’ unauthorized use of the What-A-Burger #13 Mark is likely to cause confusion, to cause mistake, or to deceive customers and potential customers of the parties as to some affiliation, connection, or association of Defendants’ business with Whataburger, or as to the origin, sponsorship, or approval of Defendants’ goods or services,” the lawsuit alleges, going on to say that the continued use of the mark, “removes from Whataburger the ability to control the nature and quality of products and services provided.”
“Unless these acts by Defendants are restrained by this Court, they will continue, and they will continue to cause irreparable harm to Whataburger and to the public for which there is no adequate remedy at law.”
Not the first time
Whataburger also filed a similar lawsuit against a restaurant in Virginia using the name What-a-burger in 2003.
The suit, accessed through web archive, was brought up against What-A-Burger of Virginia, Inc. and What-A-Burger of Newport News, Inc. It was ruled that the companies were unaware of the other’s existence when they were founded, and the originals founders were dead by the time the suit was brought up in court.
The court ruled in 2004 that “no actionable damages had occurred” and “There is no evidence — nor can we imagine any — that consumers are currently likely to be confused about whether the burgers served by Virginia W-A-B come from Texas or Virginia.”
North Carolina
NC Made: Durham’s Old Hillside Bourbon toasts Black heritage one bottle at a time
DURHAM, N.C. (WTVD) — Bourbon is more than a business for Jesse Carpenter — it’s a tribute to the city that shaped him.
“This is Durham. This is where I’m from. This is where I grew up,” said Carpenter, Chief Product Officer of Old Hillside Bourbon.
The company he co-founded with childhood friends takes its name and identity from one of Durham’s most iconic institutions-Hillside High School, one of the oldest historically Black high schools in the nation.
“We graduated Class of 1993 from Hillside High School,” Carpenter said. “Concord and Lawson Street. It’s the old Hillside.”
The idea took root during the pandemic when Carpenter proposed starting a bourbon company to those same friends.
“I had an idea to start a bourbon company, and they were on board,” he said. “Friends from 30 years ago, and now we’re doing this business together. It’s awesome.”
From 300 Cases to 10,000
What began as a pandemic-era idea has evolved into a rapidly growing business.
In its inaugural year, Old Hillside distributed 300 cases; this year, the company anticipates 10,000. The bourbon also earned Best in Show at the 2023 TAG Global Spirits Awards, impressing even the most discerning craft bourbon critics.
“Let me focus on the aroma — layers of oak, vanilla,” one reviewer commented on the Bourbon Banter YouTube channel, concluding with, “I think it’s a great taste.”
SEE MORE NC MADE STORIES
A Bottle Full of Stories
Beyond its flavor, Old Hillside stands out for the history embedded in its label. Each vintage pays homage to a chapter of Black American history that might otherwise remain overlooked.
The inaugural bottle features a photo of the old Hillside High building, symbolizing the school’s deep community ties. A second flavor pays tribute to the African American jockeys who dominated the Kentucky Derby before the Jim Crow era effectively pushed them out of the sport. The company’s latest release honors the Harlem Hellfighters, the renowned all-Black military unit that served with distinction in World War I.
It’s a storytelling approach that Carpenter and his team are actively working to spread across North Carolina. Brand ambassadors Corey Carpenter and Amire Schealey are on the front lines of that effort.
“More bars and restaurants — tackling different markets,” said Corey Carpenter. Schealey added that the team is “setting up tastings at different ABC boards to build up our brand and presence around the state of North Carolina.”
Like many acclaimed bourbons, Old Hillside is distilled and bottled in Kentucky. But its founders are quick to point out where its true spirit comes from.
“Old Hillside is a lifestyle,” Jesse Carpenter said. “Not just a school-friendship and camaraderie. That’s what we do.”
SEE ALSO | NC Made: Raleigh jewelry brand AnnaBanana grows from UNC dorm room to statewide success
Copyright © 2026 WTVD-TV. All Rights Reserved.
North Carolina
State and local leaders discuss ‘child-care crisis’ in NC
DURHAM, N.C. (WTVD) — State and local leaders gathered in Durham on Thursday to discuss how they say North Carolina’s ‘child-care crisis’ is taking a toll on our communities.
“We’re demanding recognition,” former childcare provider DeeDee Fields said. “We want fair compensation. We want health protections and a retirement pathway for the workforce that makes all the work possible.”
Childcare is one of the biggest expenses North Carolinians face, with infant care more costly than in-state college tuition per year, according to data. Childcare for a four-year-old costs nearly $8,000 a year.
Since 2020, North Carolina has seen a record loss of licensed childcare programs. Durham County, for example, experienced a 14% drop.
“I think a lot of people are making these tough choices about what makes the most sense for their family,” Nylah Jimerson said.
Jimerson used to work as a nanny before she became a parent. She’s one of more than a quarter of parents in North Carolina who left the workforce to stay home to care for children.
As North Carolina is the only state without a new budget, childcare is top of mind for State Sen. Sophia Chitlik, who co-authored a package of bills that aims to better support the industry, including making childcare more affordable.
“The ‘Child Care Omnibus’ is part of a series of bills that have budget requirements and budget asks in them,” Chitlik said. “But we’re not going to know until we get a state budget. The most urgent and important thing, in addition to those subsidies, is raising the subsidy floor … so I hope that there is bipartisan consensus that would be worked out in a state budget.”
North Carolina could remain without a budget until the legislature is back in session in April.
“We have got to do something about childcare,” Sen. Natalie Murdock said. “We shouldn’t be in this position … we have to have a sustainable model and program because it’s about our children.”
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Copyright © 2026 WTVD-TV. All Rights Reserved.
North Carolina
Lawmakers discuss solutions to solving a 'child care crisis' in NC
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