The long-running trademark fight between Texas-based Whataburger and North Carolina’s family-owned What-A-Burger #13 has quietly wrapped up, according to both sides. Court filings and local reporting trace the dispute to a federal lawsuit filed in June 2024, after Whataburger said the smaller chain violated a 2023 coexistence pact. The terms of the truce are staying under wraps while the restaurants keep serving customers.
Both sides say dispute is settled
A Whataburger spokesperson told the Houston Chronicle that “this matter is being resolved to the satisfaction of both parties,” and the company declined to spell out the details. According to the Chronicle, representatives for What-A-Burger #13 likewise stayed quiet on what the settlement actually contains.
How the fight reached federal court
Whataburger took the clash to federal court in June 2024, accusing What-A-Burger #13 of breaching a confidential coexistence agreement that took effect May 19, 2023 and limited use of the name to certain brick-and-mortar locations and a single food truck. The complaint asked a judge to halt further use of the mark, award damages and order transfers of domains using the Whataburger name, according to reporting by WSOC‑TV.
Decades of local tradition on the line
The Bost family’s What-A-Burger chain dates back to the mid-1950s in Kannapolis and has long been a Piedmont staple, with numbered drive-ins and a loyal local following. Texas-based Whataburger started as a Corpus Christi burger stand in 1950 and holds federal registrations going back to the 1950s, facts both sides leaned on in court papers and local coverage. For more on the split origins of the two brands and the Bost family’s account of an earlier agreement, see reporting from The Washington Post.
What the settlement could mean for expansion
Whataburger has been pushing into the Southeast as part of a larger growth plan; the chain now runs more than 1,100 restaurants across roughly 17 states and has opened a dozen locations in North Carolina, according to the Houston Chronicle. The resolution clears one obvious legal hurdle as Whataburger builds out in the Tar Heel State, but the undisclosed deal leaves open whether the local restaurants will keep their current branding or agree to tweak it.
Legal takeaway
Trademark battles like this usually come down to whether customers are likely to be confused and what the parties actually promised in their coexistence agreements. The June 2024 complaint alleged federal trademark infringement, unfair competition, breach of contract and other claims, and it sought injunctions and domain transfers, per The Dallas Morning News. What exactly the parties traded away to end the fight, though, remains confidential.
For now, both chains appear to have stepped back from public litigation, and the restaurants remain open while lawyers keep the settlement terms sealed. Read earlier reporting on the suit via the Charlotte Observer and Hoodline’s June 2024 coverage of the original filing.
