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
Vigil held to protest expected veto override of North Carolina immigration bill HB 10
RALEIGH, N.C. (WTVD) — A vigil was held outside the state legislature to protest HB 10 — the bill changing the laws on how North Carolina’s sheriffs will need to process undocumented people that they’ve arrested.
That bill, vetoed by Governor Cooper in September, is expected to be overridden by the state’s Republican supermajority this week.
The vigil came just hours after President-elect Donald Trump took to social media, confirming that he would declare a national emergency and use the military to carry out the mass deportations he promised along the campaign trail.
“Where there is injustice we will stand, we will push back,” said Ana Ilarazza-Blackburn, founder of Women Leading Together and an organizer for El Colectivo.
Ilarazza-Blackburn’s been a vocal critic of HB 10 and made the drive up to Monday’s event from Moore County. She said she was stunned by the President-elect’s post about a national emergency on social media.
“It blows my mind. I never thought our country would come to this,” she said.
HB 10 would require North Carolina Sheriffs to follow new protocols should they learn someone who they’ve arrested is undocumented. It requires those sheriffs — once a court order has been issued — to keep those undocumented people in custody until federal agents from ICE can step in. It’s a law that advocates in the immigrant community say will devastate trust among North Carolina’s Latino community.
“What humane, civilized society targets at a community that has helped build them? Where’s the empathy for that and where’s the moral in that?” asked Ilarraza-Blackburn.
Willie Rowe and Clarence Birkhead, Sheriffs of Wake and Durham counties respectively, have publicly spoken out against HB 10 — arguing it takes away their ability to determine how to best serve their communities. Neither sheriff was available to comment for this story.
Conversely, the North Carolina Sheriffs’ Association supports the latest version of HB 10, saying:
“The Association appreciates the legislature for its willingness not to impose onerous recordkeeping requirements on our state’s 100 sheriffs; and not to interject the Attorney General into these judicial matters.”
Monday’s vigil in opposition to that bill — attended by dozens of advocates for North Carolina’s Latino and immigrant communities — stuck a different tone.
“We can see the different ways that the attacks and the racism and the anti-immigrant sentiment is going to be more out there,” said Pilar Rocha-Goldberg, CEO of El Centro Hispano.
Rocha-Goldberg said they’ll continue to organize despite the news out of Washington on Monday.
“We saw it in the past. We saw it here, ice coming to take people from our community with really not the right way to do it. So, yeah, we are very concerned about that,” she said.
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North Carolina
Residential explosion leaves elderly couple injured, house severely damaged: See aftermath
Explosion under investigation in North Carolina neighborhood
An explosion damaged part of a North Carolina home. The owners are in “stable condition,” according to officials.
Officials are investigating a residential explosion that left an elderly couple injured in a North Carolina neighborhood on Sunday.
First responders were called to a home in Weddington, North Carolina on Sunday morning after multiple 911 reports of a large explosion, according to a Union County Government news release. The home sustained “severe damage,” according a statement from the Union County Sheriff’s Office.
Weddington is located about 20 miles south of Charlotte, North Carolina.
The elderly couple who lived in the home were injured, but both are expected to make a full recovery, according to the news release. The 82-year-old man sustained burn injuries and was in stable condition at a burn center, as of Sunday. His 83-year-old wife was treated at a local hospital and has been released.
“We are thankful for the swift and coordinated response from our first responder community,” Jon Williams, Union County fire marshal, said in the news release. “Our thoughts are with the couple and their family as they begin their recovery.”
The cause of the explosion remains under investigation, which is being led by the Union County Fire Marshal’s Office.
Greta Cross is a national trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at gcross@gannett.com.
North Carolina
2 are injured in North Carolina house explosion
WEDDINGTON, N.C. (AP) — A house exploded and caught fire in suburban Charlotte, North Carolina, injuring two people, authorities said.
Reports came in Sunday morning of an explosion at a home in Weddington that was felt across Union County, the sheriff’s office said. First responders found severe damage to part of a home.
A man who was inside when the explosion happened was burned and taken to a hospital in Winston-Salem, where he was stable Sunday night, officials said. His wife was treated at a hospital and released, officials said. Both were expected to fully recover.
County officials said they believed the explosion was accidental, but the investigation continues.
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