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
A town in western North Carolina is returning land to the Eastern Band of Cherokee Indians
FRANKLIN, N.C. (AP) — 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.
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
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.
North Carolina
Former inmate buys NC prison to help others who have served time
North Carolina
NC Foundation at center of I-Team Troubleshooter investigation could face contempt charge
DURHAM, N.C. (WTVD) — New details in an I-Team investigation into a Durham foundation accused of not paying its employees.
The North Carolina Department of Labor filed a motion in court to try to force the Courtney Jordan Foundation, CJF America, to provide the pay records after the state agency received more than 30 complaints from former employees about not getting paid.
The ABC11 I-Team first told you about CJF and its problems paying employees in July. The foundation ran summer camps in Durham and Raleigh, and at the time, more than a dozen workers said they didn’t get paid, or they got paychecks that bounced. ABC11 also talked to The Chicken Hut, which didn’t get paid for providing meals to CJF Durham’s summer camps, but after Troubleshooter Diane Wilson’s involvement, The Chicken Hut did get paid.
The NC DOL launched their investigation, and according to this motion filed with the courts, since June thirty one former employees of CJF filed complaints with the agency involving pay issues. Court documents state that, despite repeated attempts from the wage and hour bureau requesting pay-related documents from CJF, and specifically Kristen Picot, the registered agent of CJF, CJF failed to comply.
According to this motion, in October, an investigator with NC DOL was contacted by Picot, and she requested that the Wage and Hour Bureau provide a letter stating that CJF was cooperating with the investigation and that repayment efforts were underway by CJF. Despite several extensions, the motion says Picot repeatedly exhibited a pattern of failing to comply with the Department of Labor’s investigation. The motion even references an ITEAM story on CJFand criminal charges filed against its executives.
The NC DOL has requested that if CJF and Picot fail to produce the requested documentation related to the agency’s investigation, the employer be held in civil contempt for failure to comply. Wilson asked the NC Department of Labor for further comment, and they said, “The motion to compel speaks for itself. As this is an ongoing investigation, we are unable to comment further at this time.”
ABC11 Troubleshooter reached out to Picot and CJF America, but no one has responded. At Picot’s last court appearance on criminal charges she faces for worthless checks, she had no comment then.
Out of all the CJF employees we heard from, only one says he has received partial payment.
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