Texas Whataburger Suing North Carolina Chain Over Trademark Infringement
I knew this was bound to happen when I first started hearing about the beloved chain planning a move into the Tar Heel State. And, now, we learn about Texas Whataburger suing the North Carolina chain of the same name for trademark infringement.
Why Is Texas Whataburger Suing North Carolina Chain?
According to WSOC TV, it involves the original Texas Whataburger suing several of the North Carolina spots bearing the name. The suit was filed in federal court this week alleging the North Carolina stores sell items that are “identical to Whataburger’s offerings, and identical or highly related to the goods and services covered by Whataburger’s federal registration.”
Furthermore, this trademark also prohibits anyone else from using a name that is “confusingly similar.” I would think What-A-Burger is pretty similar to Whataburger.
And as far as being confusing to the consumer, that’s a given. Any time I write about a new location of the Texas chain coming to the region folks go bananas arguing that there’s already several here. But, that’s not the case at all. They are not owned by the same people.
Texas Whataburger Suing North Carolina Chain And Who Was First
Plus, for those arguing about who was first, that can be put to rest as well. According to the lawsuit, Texas Whataburger suing North Carolina chain, the plaintiff claims to have started using the name about 10 years before it popped up in North Carolina as What-A-Burger.
And, when the Texas based chain started planning to move into the state they say they contacted the local owners. And, an agreement was signed for “coexistence.” Supposedly, it allowed for limited use of the What-A-Burger name under certain conditions.
But, apparently the Texas chain is claiming something allegedly wasn’t disclosed to them or part of the agreement has not been honored. And, according to the plaintiffs, the North Carolina chain allegedly continued violating the terms after being contacted concerning it.
So, we’ll have to wait and see how this all plays out. And, for more details on the particulars of the suit, see the full story from WSOC TV.
I’m a native Texan with a love for the original chain. So, I have to stay neutral on how I think a court will decide. But, as far as who serves the better burger…well, I have to stay neutral on that as well.
However, I am a sucker for the Texas Whataburger of my youth, along with those addictive breakfast Taquitos!
