Whataburger Lawsuit: The Trademark Case and Other Recent Suits

The Trademark Dispute

The most prominent Whataburger lawsuit is a trademark case. In June 2024, Whatabrands LLC, the Texas-based company behind Whataburger, sued What-A-Burger #13, Inc., a long-running family burger business in North Carolina, as Whataburger prepared to expand into that state in 2025. Whataburger alleged that What-A-Burger #13 breached a 2023 coexistence agreement that had allowed the smaller chain to keep using its name in limited ways at its existing locations.

Specifically, Whataburger alleged that What-A-Burger #13 formed a new company days before signing the agreement without disclosing it, and used its mark outside the agreed limits. The claims included trademark infringement, unfair competition, breach of contract, and deceptive trade practices. These were Whataburger allegations.

The Other Side

What-A-Burger #13 has its own position. The business, owned by the Bost family, has stated that it has operated in North Carolina since the 1950s, which would predate Whataburger federal trademark registration. Commentators have noted this raises a potential good-faith defense for a senior or long-standing local user of a similar name.

There were also references to an earlier agreement, reportedly from 1970, under which Whataburger would not interfere with the North Carolina business in its home counties, which could support a breach-of-contract counterclaim. The dispute is therefore genuinely contested, with arguments on both sides about who used the name first and what prior agreements allow.

Other Recent Whataburger Suits

Whataburger has also been involved in unrelated, smaller matters that sometimes surface in searches. In 2025, a Texas man filed a personal-injury suit alleging an allergic reaction after onions were included on an order he asked to have without them; Whataburger denied the allegations. In an earlier matter, Whataburger agreed to pay 180,000 dollars to settle a federal agency lawsuit alleging retaliation against an employee who reported discrimination, resolving that case through a consent decree.

These are separate from the trademark dispute and from one another. The trademark case is the one most directly tied to Whataburger business expansion, and it remained the most substantive Whataburger lawsuit as of this update.

How to Get Legal Help

Trademark coexistence disputes like this one turn on who used a mark first, in what territory, and what any prior agreements say. If your business uses a name that overlaps with a larger brand, an intellectual-property attorney can assess your priority of use and any coexistence rights before a conflict escalates.

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