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There’s no more beef between an iconic Texas’ fast-food chain and a North Carolina restaurant with a similar name. Following its trademark lawsuit nearly two years ago, Whataburger is wrapping up its legal battle against What-A-Burger #13. A spokesperson for the Texas-based chain told Chron that “this matter is being resolved to the satisfaction of both parties.”
Whataburger did not comment further on what that resolution entailed. Chron also reached out to the owner of What-A-Burger #13 in light of the latest developments of the case. Their team declined to provide a comment or statement about the resolution.
In June 2024, the disagreement between the two restaurants reached federal court after Whataburger sued What-A-Burger #13 in North Carolina’s Middle District, Chron previously reported. In the lawsuit, the North Carolina restaurant was accused of violating a 2023 agreement to use the “What-A-Burger #13 mark” at its two locations and a food truck. Texas’ Whataburger claimed it was used in other ways that were not allowed.
At the time, Whataburger told Chron that What-A-Burger #13 “repeatedly violated the terms of the agreement and now we must, unfortunately, go to court to enforce the agreement and protect our legal rights and the Whataburger name.”
But a few weeks later, lawyers representing What-A-Burger #13 and its owner, Zeb Bost, said that Whataburger broke another agreement first, one made decades ago, as reported by The Charlotte Observer.
“Starting in 1970, the Bost family entered into an agreement with the then-owner of WhatABurger out of Texas that it would operate without interference in Stanly and Cabarrus counties,” the law firm’s statement read in part. “The Texas company broke that agreement in 2022. Now, after being in business for 70 years, What-A-Burger’s future is being threatened by this large national retailer, and the Bost family is being victimized by big money interests.”
