Texas based fast food chain Whataburger has taken legal action against several North Carolina restaurants with names strikingly similar to its own.
The lawsuit, filed in federal court on Tuesday, marks the latest development in a battle over trademark infringement. Whataburger’s legal action against the similarly named restaurants comes after it confirmed plans in March to expand into North Carolina, per WSOCTV.
The heart of the dispute involves allegations that these North Carolina restaurants are offering goods and services virtually indistinguishable from Whataburger’s offerings, according to ABC 11.
Among the defendants is the North Carolina What-A-Burger No. 13 chain, headquartered in Mount Pleasant. With two locations, one in Mount Pleasant and another in the Locust, Stanly County area, the chain finds itself at the center of this North Carolina trademark lawsuit.
In the legal complaint, the Texas-based chain asserted that its trademark was established in 1950, whereas the What-A-Burger No. 13 trademark was not established until 1969, according to KHOU.
Whataburger’s legal team has cited federal trademark infringement, federal and common law unfair competition, breach of contract, and unfair and deceptive trade practices in the lawsuit, reported ABC 11.
As Whataburger seeks to protect its brand identity and market share, the North Carolina What-A-Burger restaurants must now navigate the legal complexities surrounding their branding and menu choices.
According to Whataburger’s website, the company employs more than 51,000 team members, with more than 1,000 restaurants spanning across 15 different states.
The Dallas Express contacted the Whataburger press room for comment on the lawsuit, but the company did not respond by the publication deadline.