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Whataburger sues North Carolina-based chain over name

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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.

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“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.

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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.

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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.”



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NC health officials urge vaccines amid measles and respiratory illness surge

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NC health officials urge vaccines amid measles and respiratory illness surge


The North Carolina Department of Health and Human Services (NCDHHS) is responding to the most recent measles cases and a spike in respiratory illnesses in North Carolina.

In a meeting hosted by NCDHHS, health officials stressed the importance of staying up to date on vaccines.

Those officials were also asked about the vaccination status of the three kids who tested positive for measles in Buncombe County.

“The three cases in Buncombe County, all three of them, had at least one dose of MMR vaccine,” said Dr. Erica Wilson with NCDHHS.

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News 13 reported on Tuesday that the three siblings contracted measles after visiting Spartanburg County, South Carolina, where there’s currently a large measles outbreak.

3 BUNCOMBE COUNTY CHILDREN CONTRACT MEASLES AFTER SOUTH CAROLINA VISIT, NCDHHS REPORTS

The Mission Hospital Emergency Department waiting room in Asheville was listed as a possible measles exposure location on Sunday, Jan. 4, between 2 a.m. and 6:30 a.m.

Mission Health sent News 13 a statement, saying in part, “Our hospitals work with state and federal health officials on proactive preparedness, and we are following guidance provided by the CDC.”

The hospital provided state health officials with a list of 26 people who may have been exposed to measles on Jan. 4, according to Mission Health.

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It’s not just Buncombe County that has reported measles in North Carolina recently.

JAN. 6, 2026 – A flyer in Buncombe County warning of illness symptoms amid three confirmed measles cases in the county. (Photo credit: WLOS Staff)

“One in Polk County and three in Buncombe County. Additionally, there was a measles exposure alert we released in Gaston County. All are connected to an ongoing measles outbreak in Spartanburg County, South Carolina,” said Dr. Kelly Kimple with NCDHHS. “About 90% of unvaccinated individuals who are exposed will become infected.”

POLK COUNTY CHILD CONTRACTS MEASLES AFTER SOUTH CAROLINA VISIT, NCDHHS REPORTS

In the meeting, health officials also addressed the increase in respiratory illnesses like respiratory syncytial virus (RSV), COVID-19, and influenza.

“Whether it’s the childhood immunizations for things like measles, mumps, and rubella, or even the seasonal immunizations for things like RSV, COVID, and flu, vaccines are a critical and important part of remaining healthy and having healthy communities,” said NCDHHS secretary Dr. Devdutta Sangvai.

Additionally, as News 13 previously reported, there was a chickenpox outbreak in Buncombe County, with four cases confirmed at Fairview Elementary as of Jan. 6.

Health officials are reminding people that it’s not too late to get their seasonal vaccines. There are also additional preventative actions to protect oneself against respiratory viruses.

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FLU CASES SURGE IN NC, STRAINING HOSPITALS AND INCREASING DEATH TOLL

“This includes regularly washing your hands with soap and water,” said Kimple.

Kimple suggests avoiding touching your eyes, nose and mouth. She also said to clean and disinfect frequently touched surfaces that may be contaminated.

“Cover those coughs and sneezes with a tissue and then discard the tissue promptly. Stay home when sick, except to seek medical care or testing, and take steps to avoid spreading infection to others in your home,” said Kimple.

NCDHHS also has helpful resources on its website, like a measles immunity checker, information about vaccines, and a program that helps eligible families get free vaccines.

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A town in western North Carolina is returning land to the Eastern Band of Cherokee Indians

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A town in western North Carolina is returning land to the Eastern Band of Cherokee Indians


An important cultural site is close to being returned to the Eastern Band of Cherokee Indians after a city council in North Carolina voted unanimously Monday to return the land.

The Noquisiyi Mound in Franklin, North Carolina, was part of a Cherokee mother town hundreds of years before the founding of the United States, and it is a place of deep spiritual significance to the Cherokee people. But for about 200 years it was either in the hands of private owners or the town.

“When you think about the importance of not just our history but those cultural and traditional areas where we practice all the things we believe in, they should be in the hands of the tribe they belong to,” said Michell Hicks, principal chief of the Eastern Band of Cherokee Indians. “It’s a decision that we’re very thankful to the town of Franklin for understanding.”

Noquisiyi is the largest unexcavated mound in the Southeast, said Elaine Eisenbraun, executive director of Noquisiyi Intitative, the nonprofit that has managed the site since 2019. Eisenbraun, who worked alongside the town’s mayor for several years on the return, said the next step is for the tribal council to agree to take control, which will initiate the legal process of transferring the title.

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CHEROKEE CHIEF SIGNS ORDINANCE FOR FIRST OFFICIAL DEER SEASON ON TRIBAL LANDS

“It’s a big deal for Cherokees to get our piece of our ancestral territory back in general,” said Angelina Jumper, a citizen of the tribe and a Noquisiyi Initiative board member who spoke at Monday’s city council meeting. “But when you talk about a mound site like that, that has so much significance and is still standing as high as it was two or three hundred years ago when it was taken, that kind of just holds a level of gravity that I just have no words for.”

In the 1940s, the town of Franklin raised money to purchase the mound from a private owner. Hicks said the tribe started conversations with the town about transferring ownership in 2012, after a town employee sprayed herbicide on the mound, killing all the grass. In 2019, Franklin and the Eastern Band of Cherokee Indians created a nonprofit to oversee the site, which today it is situated between two roads and several buildings.

“Talking about Land Back, it’s part of a living people. It’s not like it’s a historical artifact,” said Stacey Guffey, Franklin’s mayor, referencing the global movement to return Indigenous homelands through ownership or co-stewardship. “It’s part of a living culture, and if we can’t honor that then we lose the character of who we are as mountain people.”

LUMBEE TRIBE OF NORTH CAROLINA GAINS LONG-SOUGHT FULL FEDERAL RECOGNITION

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Noquisiyi is part of a series of earthen mounds, many of which still exist, that were the heart of the Cherokee civilization. The Eastern Band of Cherokee Indians also owns the Cowee Mound a few miles away, and it is establishing a cultural corridor of important sites that stretches from Georgia to the tribe’s reservation, the Qualla Boundary.

Noquisiyi, which translates to “star place,” is an important religious site that has provided protection to generations of Cherokee people, said Jordan Oocumma, the groundskeeper of the mound. He said he is the first enrolled member of the tribe to caretake the mound since the forced removal.

“It’s also a place where when you need answers, or you want to know something, you can go there and you ask, and it’ll come to you,” he said. “It feels different from being anywhere else in the world when you’re out there.”

The mound will remain publicly accessible, and the tribe plans to open an interpretive center in a building it owns next to the site.



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Former inmate buys NC prison to help others who have served time

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Former inmate buys NC prison to help others who have served time


With the recent purchase of the former Wayne Correctional Center in Goldsboro, Kerwin Pittman is laying claim to an unusual title — he says he’s the first formerly incarcerated person in the U.S. to purchase a prison. Pittman, the founder and executive director of Recidivism Reduction Educational Program Services, Inc. (RREPS), was sent to prison […]



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