HOUSTON — Whataburger is suing a restaurant group in North Carolina that's using a similar name.
In the lawsuit, the Texas-based chain said its trademark was created first -- in 1950. They said the What-A-Burger #13 trademark -- which has dashes in its name -- was created in 1969.
Whataburger is claiming that the North Carolina group infringed on a federal trademark and also violated a confidential agreement that was reached two years ago.
Whataburger said in the suit that it announced plans to expand into North Carolina in 2020, then made it official this year that the restaurants would open there by 2025. Whataburger said in 2022, they reached out to What-A-Burger #13 about the confusion between the two restaurants.
Whataburger claims the two businesses reached a confidential coexistence agreement that allowed What-A-Burger #13 to still use its name at its two brick-and-mortar locations, but said What-A-Burger violated it.
You can read more about the lawsuit from our sister station, WCNC, in Charlotte, North Carolina.