WhatABully is Whataburger, or is their beef with What-a-Burger #13 no bull?
There are 16 federal registrations for WHATABURGER marks dating back to 1954, all owned by (presumably related) Texas companies: Tres Aguilas Enterprises, LLC; Whatabrands, LLC and Whatabrands, Inc.
With the exception of two older registrations (both filed in 1972 and issued in 1975 for stylized marks: WHATABURGER and W WHATABURGER), each of Whataburger's registrations covers only a single Class (a strategy we at Brand Geek always encourage our clients to employ, as each product/service offering is a separate asset). Whatburger's registrations run the gamut from hamburgers, tacos, desserts & other food products, to beverages, to restaurant & other food prep services to charitable fundraising, to stadium facilities.
Whataburger's range has been expanding to 1,000 locations in 15 states outisde of Texas, and wants to bring its herd to North Carolina as well. And that's where it locked horns (again!) with the #13 North Carolina restaurant. Apparently, there's a 54 year old Coexistence Agreement between the two, of which each side claims the other currently is in breach. Hoping to hop the fence to a free market in North Carolina, Whataburger sued #13 there for trademark infringement
This is remimiscent of the Burger King case from the 1950s (YELP for the original Burger King, which appears to still be operating in Mattoon, IL: https://lnkd.in/gFQ6i_Md), covered in this Business Insider article in 2013: https://lnkd.in/gcVB3yuH
WhataOutcome will occur this time? How long do you think it will be before they settle, and for what?
National Sales Director-Marieke Gouda
2moThank you JOH for your support and rapid growth in the NE!