Austin, TX
Whataburger sues North Carolina chain for trademark infringement
AUSTIN, Texas — Whataburger is suing a North Carolina-based restaurant chain with a nearly identical name for trademark infringement.
Whataburger accuses “What-A-Burger Number 13” in North Carolina of infringing on its federal trademark, breaching contract, and committing unfair and deceptive trade practices.
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The defendants claim to have started using the name around 1969, more than 10 years after the Texas chain’s first copyright registration.
The Texas Whataburger claims to have signed a co-existence agreement after announcing plans to open in the Tar Heel State in 2022.
However, Whataburger says conditions in that agreement were continuously violated.