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.”
The North Carolina Tar Heels will be a young program across the board next season, with well over two dozen freshmen and numerous additions from the transfer portal this offseason. Expectations for the 2026 season are lowered dramatically after a disastrous first season for head coach Bill Belichick, though those expectations could help the Tar Heels fly under the radar.
As the Tar Heels approach the end of spring ball, it is time to look at the veterans of the team—the ones who have the experience to lead, especially on the defensive side of the ball. Let’s look at three underrated seniors for the 2026 football season.
Ade Willie, Cornerback
Willie joins the Tar Heels program after four years with Michigan State, as the former 4-star player in the 2022 recruiting class gets an opportunity to not only provide depth to the secondary, but potentially start Week 0 against TCU.
Willie played in over 30 games with the Spartans and brings experience in the secondary at cornerback and safety, along with quality length and closing speed to the football. For a defense that needs players to step up, the redshirt senior from IMG Academy will be asked to do so.
Isaiah Johnson, Defensive Lineman
The defensive line is beginning to look like one of the Tar Heels’ strengths for the 2026 season. Johnson, a former transfer from Arizona, enters his redshirt senior year looking to add another year of production after 40 tackles and two sacks this past season.
North Carolina has an impressive group of starters with Malkart Abou-Jaoude, Leroy Jackson, and incoming transfer Jaylen Harvey. Johnson adds value to the group as a run defender with the ability to penetrate the pocket. While not discussed as a key player, Johnson’s name will be used plenty during the regular season as a potential standout for the program’s defensive front.
Coleman Bryson, Safety
Bryson was a reserve player for the Tar Heels’ secondary last season as a big nickel defender in the rotation. Heading into his redshirt senior year, the former Minnesota Gopher is looking to become a full-time starter in the secondary.
It wasn’t long ago when Bryson was making plays as the 2022 Pinstripe Bowl Defensive MVP. His special teams abilities were valuable for North Carolina last season, and he flashed at times in coverage against tight ends, including a pass breakup in the season-opener against TCU. The Waynesville, North Carolina, native could be a key defender on the back-seven in 2026.
Add us as a preferred source on GoogleFollow
Friends and family members gathered in Washington state on Saturday, remembering former Miss North Carolina Carrie Everett, who died on Easter Sunday. Another memorial service is planned in North Carolina next month.
Web Editor : Sydney Ross
Posted
Virginia 3, North Carolina 0 | First Quarter
Virginia 3, North Carolina 0 | Q1 8:19
After a faceoff win by Henry Metz, Brendan Millon finds Truitt Sunderland to give the Hoos a 3-0 lead. Timeout North Carolina.
Virginia 2, North Carolina 0 | Q1 9:00
Brendan Millon gets the scoring started for the Cavaliers with a question mark style goal. On the defensive end, Jake Marek opens the game with three early saves with his third save setting up a transition goal by Tommy Snyder.
Virginia vs North Carolina pregame notes
UVA owns a 59-33 advantage since the series began in 1938.
The 59 wins are UVA’s most against any opponent in program history (followed by 51 against Duke).
In Chapel Hill last year, the Tar Heels defeated the Cavaliers 18-9, snapping UVA’s six-game series win streak.
UVA has won nine of the last 11 meetings, dating back to 2018.
The Hoos have won the last two meetings with Carolina at Klöckner Stadium, 11-4 in 2022 and 14-6 in 2024.
The Tar Heels’ four goals in 2022 marked the fewest goals in a game under Joe Breschi, who was named UNC’s head coach in 2006.
The last time the Tar Heels knocked off the Cavaliers at Klöckner was a 16-13 decision during the first of three games between the two teams in 2021.
Later that year, UVA claimed back-to-back meetings against the Heels, including in the NCAA semifinals on the way to capturing the 2021 national title over Maryland.
Follow
-
Detroit, MI2 hours agoGame 21: Tigers at Red Sox, Garrett Crochet battles both Detroit and the weather
-
San Francisco, CA2 hours agoWhy do gray whales keep dying in San Francisco’s waters?
-
Dallas, TX2 hours agoDallas Mavericks Owners Might Be Making Big Mistake in Search for New GM
-
Miami, FL2 hours agoDefense dominates, Mensah flashes in Miami’s spring game – The Miami Hurricane
-
Boston, MA2 hours ago
A crowd scientist is helping the Boston Marathon manage a growing field of 30,000-plus runners
-
Denver, CO3 hours agoDenver Nuggets Altitude broadcasts now being offered in Spanish for first time ever
-
Seattle, WA3 hours agoNeed to shred? Free drive-up/ride-up shredding Wednesday at Village Green West Seattle
-
San Diego, CA3 hours agoGame 21: San Diego Padres at Los Angeles Angels
