Report: Whataburger sues North Carolina based burger chain for trademark infringement

SAN ANTONIO (KTSA News) — Whatta lawsuit!

Texas based burger chain Whataburger has filed a trademark infringement lawsuit against a North Carolina restaurant group that has a similar name.

WCNC TV is reporting Whataburger’s lawsuit claims their trademark was created in 1950.

Then in 1969, the North Carolina group created a trademark for What-A- Burger #13.

Whataburger says the North Carolina group not only infringed on a federal trademark, they also violated a confidential agreement that was reached two years ago.

Whataburger has plans to expand into North Carolina and at some point they contacted What-A-Burger #13 to make an agreement to avoid confusion between the two companies.

The deal was that the North Carolina company could use the name for two brick and mortar locations, but the lawsuit claims that agreement was violated.

Whataburger is asking for a jury trial.

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