Whataburger
Encyclopedia
Whataburger is a privately held
, regional restaurant chain specializing in hamburger
s. The company, founded by Harmon Dobson, opened its first restaurant in Corpus Christi
, Texas
in 1950. Today, Whataburger Restaurants, LP is still owned and operated by the Dobson family and has nearly 700 locations in the United States
(Texas
, Arizona
, New Mexico
, Oklahoma
, Louisiana
, Arkansas
, Mississippi
, Alabama
, Florida
, and Georgia
).
Whataburger is known for its distinctive A-frame
d, orange-and-white striped roofed buildings. The first A-frame restaurant, which is still standing, was built in Odessa, Texas
. There are currently over a dozen still in operation.
Aside from the classic Whataburger, other menu items include the Whataburger Jr. (a smaller version of the Whataburger), the Justaburger (a Whataburger Jr. with only mustard
, pickles
, and onion
s), the Whatacatch fish sandwich
, the Whatachick'n Chicken Sandwich, and taquito
s. Whataburger also has a breakfast menu and serves breakfast sandwiches along with other items. Whataburger's breakfast
menu is unique because it is served from 11:00 p.m. through 11:00 a.m. each day, a wider window than most other fast-food restaurants, and all regular menu items are still available during breakfast service.
On August 8, 1950, company founder Harmon Dobson opened his first Whataburger restaurant in Corpus Christi
, Texas
. The small, wooden kiosk sold the enormous five-inch burgers for 25 cents each, and before the first week was out, lines stretched down the street.
In 1952, Joe Andrews, Sr. brought his family to the newly opened Whataburger in Kingsville
, Texas
. After one bite, he knew he wanted to a part of Whataburger. Joe was awarded the first franchise location shortly thereafter (the fifth Whataburger restaurant) which opened in Alice
, Texas
in 1953. The company began expansion outside of Texas in 1959, when Whataburger #21 opened in Pensacola
, Florida
.
, Florida
, and Tennessee
. The familiar orange- and white-striped Whataburger A-frame started as a back-of-the-napkin sketch for Harmon Dobson. That sketch led to the opening of the very first A-frame Whataburger at the 24th Whataburger location in Odessa
, Texas
in 1961. In 1962, the menu grew with the addition of hot fried pies and French fries.
Whataburger had twenty-four restaurants by 1963, including the first restaurant in Arizona
. By 1965, it was estimated that Whataburger sold 15,000 burgers a day in the Texas Coastal Bend area alone. Inside dining rooms were added to the A-frames in 1966 and in 1967, the official company logo, the familiar "Flying W," was commissioned.
In 1967, an airplane crash took the life of company founder Harmon Dobson. Dobson's wife, Grace, took control of the business. By the end of the decade
, there would be 60 Whataburgers completely finished and six more under construction. Whataburger doubled its number of restaurants from 1971 to 1979. The first drive-through
was installed in 1971, and in 1972 the company opened its 100th restaurant. Soon after, Whataburger was ranked in the top 25 out of 900+ fast-food restaurants. In 1977, the company had 205 restaurants in 12 states with 34 franchisees.
, Texas
, set a single-day sales record of $4,816.19. By the end of 1980, the company would open its 300th location. In 1982, three Corpus Christi locations began 24/7
operation. New menu additions soon followed, including the Breakfast on a Bun, the Whatachick'n
and breakfast Taquito
s. As Whataburger turned 35 in 1985, it noted that in its Texas Coastal Bend stores alone, it served 10,434,840 customers per year. The company reached the 400-store mark in 1987 and reached 440 by 1989.
Although the chain had extended itself into California in the late 1970s, it pulled out of that market completely by 1987.
As the number of stores jumped to 475 in the early 1990s, significant menu items including to Whatameals, cookie
s, biscuits and chicken strips
were added. By mid-decade, the company delivered its first $1 million net Saturday and handed over the reins of President/CEO to Tom Dobson, Harmon's son. Tom oversaw expansion to over 500 units and beyond, making Whataburger the country's eighth largest hamburger chain.
On May 6, 1999, the company's flagship "Whataburger by the Bay" opened on Shoreline Drive in Corpus Christi, Texas. A tribute to founder Harmon Dobson, this flagship store boasts 6000 square feet (557.4 m²), water views, and a life-size bronze statue of Mr. Dobson near the entrance at the bay side.
-based advertising firm McGarrah Jessee
which created the gravelly-voiced advertising campaign featuring the voice of Ohio actor William Bassett. In October 2011, the agency unveiled a new, documentary-style campaign which highlights the pride Whataburger employees have for the company. Today, there are nearly 700 locations in 10 states with sales of $1 billion annually. Whataburger relocated its home office to San Antonio in 2009.
Thick and Hearty Burger, Patty Melt, and the Peppercorn Ranch Whatachick'n. These products usually return on the menu again for a limited time after a few months. The newest product to be offered is a strawberry pie (as an alternative to the traditional apple pie) and the new Grilled Chicken Melt sandwich. Some of their promotion products have sold so well that they have been added to the menu permanently, namely the "Three Piece Chicken Strips" Whatameal and the Honey Butter Chicken Biscuit. Occasionally, Whataburger's famous breakfast taquitos are sold for 99 cents each for limited periods of time, usually from the day after Christmas through January. Also, the Breakfast on a Bun (also referred to as a BOB) is periodically listed on the menu for 99 cents. In July 2009, Whataburger introduced a new limited-time product called the Chop House Cheddar Burger. In late 2009 when the A-1 Thick and Hearty Burger was the limited-time special, Whataburger announced that it was the last time, and that on December 21, 2009, it would go away forever. It was unknown whether it would ever make a comeback. On September 9, 2011, it was announced on Whataburger's Facebook page that the A-1 Thick and Hearty Burger would be returning as part of a promotion selling the "All-Time Favorite" limited-run sandwiches.
Whataburger was originally headquartered in Corpus Christi, Texas
. The company had considered moving its headquarters inland before Hurricane Ike
hit the Texas coast in 2008. Whataburger had its crisis management system and team set up in San Antonio, Texas
, so the company decided to move its headquarters there. The headquarters moved in 2009.
" (note hyphens), several small groups of family-operated restaurants in Virginia, North Carolina and South Carolina operating under very similar names, but completely unrelated.
at Newport News Circle (intersection of Jefferson Avenue and U. S. Route 258) in the former Warwick County
(now a portion of the City of Newport News). Branch's' first location predated the first Texas Whataburger restaurant slightly; a move to a location within sight took place after a modernization project involving the traffic circle. That store is still in business today.
Apparently, the Newport News Circle store and other small What-A-Burger operations in the Richmond-Petersburg
areas and in North and South Carolina and the Texas Whataburger chain were all unaware of each other's existence several states apart until around 1970, when there was some correspondence. However, no legal actions took place at that time.
. By then, the original founders (Paul W. Branch and Harmon Dobson) were no longer available to shed light on any agreements or understandings they may have had.
Decided in 2004 by an Appeals Court, it was essentially decided that the Texas Whataburger has a legitimate trademark; however, the then-current Virginia operations did not harm the much larger Texas-based chain in any way, nor do they cause any reasonable public confusion.
In part the court said "There is no evidence — nor can we imagine any — that consumers are currently likely to be confused about whether the burgers served by Virginia W-A-B come from Texas or Virginia."
The Concord, North Carolina
based What-A-Burger Drive Ins, Inc., was not a party to the lawsuit, but under case law procedures, the use of the name there apparently would fall under the same criteria applied to this case.
There is also a small chain of restaurants called Watsonburger, with about 15–20 units located in northern Texas and southern Oklahoma. These restaurants have a menu and overall "look and feel" very similar to that of Whataburger. (See McDowell's.)
Privately held company
A privately held company or close corporation is a business company owned either by non-governmental organizations or by a relatively small number of shareholders or company members which does not offer or trade its company stock to the general public on the stock market exchanges, but rather the...
, regional restaurant chain specializing in hamburger
Hamburger
A hamburger is a sandwich consisting of a cooked patty of ground meat usually placed inside a sliced bread roll...
s. The company, founded by Harmon Dobson, opened its first restaurant in Corpus Christi
Corpus Christi, Texas
Corpus Christi is a coastal city in the South Texas region of the U.S. state of Texas. The county seat of Nueces County, it also extends into Aransas, Kleberg, and San Patricio counties. The MSA population in 2008 was 416,376. The population was 305,215 at the 2010 census making it the...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
in 1950. Today, Whataburger Restaurants, LP is still owned and operated by the Dobson family and has nearly 700 locations in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, and Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
).
Whataburger is known for its distinctive A-frame
A-Frame
An A-frame is a basic structure designed to bear a load in a lightweight economical manner. The simplest form of an A-frame is two similarly sized beams, arranged in a 45-degree or greater angle, attached at the top...
d, orange-and-white striped roofed buildings. The first A-frame restaurant, which is still standing, was built in Odessa, Texas
Odessa, Texas
Odessa is a city in and the county seat of Ector County, Texas, United States. It is located primarily in Ector County, although a small portion of the city extends into Midland County. Odessa's population was 99,940 at the 2010 census. It is the principal city of the Odessa, Texas Metropolitan...
. There are currently over a dozen still in operation.
Aside from the classic Whataburger, other menu items include the Whataburger Jr. (a smaller version of the Whataburger), the Justaburger (a Whataburger Jr. with only mustard
Mustard (condiment)
Mustard is a condiment made from the seeds of a mustard plant...
, pickles
Pickled cucumber
A pickled cucumber is a cucumber that has been pickled in a brine, vinegar, or other solution and left to ferment for a period of time, by either immersing the cucumbers in an acidic solution or through souring by lacto-fermentation.-Gherkin:A gherkin is not only...
, and onion
Onion
The onion , also known as the bulb onion, common onion and garden onion, is the most widely cultivated species of the genus Allium. The genus Allium also contains a number of other species variously referred to as onions and cultivated for food, such as the Japanese bunching onion The onion...
s), the Whatacatch fish sandwich
Fish (food)
Fish is a food consumed by many species, including humans. The word "fish" refers to both the animal and to the food prepared from it. Fish has been an important source of protein for humans throughout recorded history.-Terminology:...
, the Whatachick'n Chicken Sandwich, and taquito
Taquito
Taquito or flauta is a Mexican food dish consisting of a small rolled-up tortilla and some type of filling, usually beef or chicken. The filled tortilla is crisp-fried...
s. Whataburger also has a breakfast menu and serves breakfast sandwiches along with other items. Whataburger's breakfast
Breakfast
Breakfast is the first meal taken after rising from a night's sleep, most often eaten in the early morning before undertaking the day's work...
menu is unique because it is served from 11:00 p.m. through 11:00 a.m. each day, a wider window than most other fast-food restaurants, and all regular menu items are still available during breakfast service.
Early years
Corpus Christi, Texas
Corpus Christi is a coastal city in the South Texas region of the U.S. state of Texas. The county seat of Nueces County, it also extends into Aransas, Kleberg, and San Patricio counties. The MSA population in 2008 was 416,376. The population was 305,215 at the 2010 census making it the...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. The small, wooden kiosk sold the enormous five-inch burgers for 25 cents each, and before the first week was out, lines stretched down the street.
In 1952, Joe Andrews, Sr. brought his family to the newly opened Whataburger in Kingsville
Kingsville, Texas
As of the census of 2000, there were 25,575 people, 8,943 households, and 6,134 families residing in the city. The population density was 1,848.8 people per square mile . There were 10,427 housing units at an average density of 753.8 per square mile...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. After one bite, he knew he wanted to a part of Whataburger. Joe was awarded the first franchise location shortly thereafter (the fifth Whataburger restaurant) which opened in Alice
Alice, Texas
At the 2000 census, there were 19,010 people, 6,400 households and 4,915 families residing in the city. The population density was 1,597.4 per square mile . There were 6,998 housing units at an average density of 588.0 per square mile...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
in 1953. The company began expansion outside of Texas in 1959, when Whataburger #21 opened in Pensacola
Pensacola, Florida
Pensacola is the westernmost city in the Florida Panhandle and the county seat of Escambia County, Florida, United States of America. As of the 2000 census, the city had a total population of 56,255 and as of 2009, the estimated population was 53,752...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
.
1960s and 70s
By 1960, there were over 17 Whataburger locations in TexasTexas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, and Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. The familiar orange- and white-striped Whataburger A-frame started as a back-of-the-napkin sketch for Harmon Dobson. That sketch led to the opening of the very first A-frame Whataburger at the 24th Whataburger location in Odessa
Odessa, Texas
Odessa is a city in and the county seat of Ector County, Texas, United States. It is located primarily in Ector County, although a small portion of the city extends into Midland County. Odessa's population was 99,940 at the 2010 census. It is the principal city of the Odessa, Texas Metropolitan...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
in 1961. In 1962, the menu grew with the addition of hot fried pies and French fries.
Whataburger had twenty-four restaurants by 1963, including the first restaurant in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. By 1965, it was estimated that Whataburger sold 15,000 burgers a day in the Texas Coastal Bend area alone. Inside dining rooms were added to the A-frames in 1966 and in 1967, the official company logo, the familiar "Flying W," was commissioned.
In 1967, an airplane crash took the life of company founder Harmon Dobson. Dobson's wife, Grace, took control of the business. By the end of the decade
1960s
The 1960s was the decade that started on January 1, 1960, and ended on December 31, 1969. It was the seventh decade of the 20th century.The 1960s term also refers to an era more often called The Sixties, denoting the complex of inter-related cultural and political trends across the globe...
, there would be 60 Whataburgers completely finished and six more under construction. Whataburger doubled its number of restaurants from 1971 to 1979. The first drive-through
Drive-through
A drive-through, or drive-thru, is a type of service provided by a business that allows customers to purchase products without leaving their cars. The format was first pioneered in the United States in the 1930s but has since spread to other countries. The first recorded use of a bank using a drive...
was installed in 1971, and in 1972 the company opened its 100th restaurant. Soon after, Whataburger was ranked in the top 25 out of 900+ fast-food restaurants. In 1977, the company had 205 restaurants in 12 states with 34 franchisees.
1980s and 90s
In 1980, the 187th Whataburger store, located in Fort WorthFort Worth, Texas
Fort Worth is the 16th-largest city in the United States of America and the fifth-largest city in the state of Texas. Located in North Central Texas, just southeast of the Texas Panhandle, the city is a cultural gateway into the American West and covers nearly in Tarrant, Parker, Denton, and...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, set a single-day sales record of $4,816.19. By the end of 1980, the company would open its 300th location. In 1982, three Corpus Christi locations began 24/7
24/7
24/7 is an abbreviation which stands for "24 hours a day, 7 days a week", usually referring to a business or service available at all times without interruption...
operation. New menu additions soon followed, including the Breakfast on a Bun, the Whatachick'n
Chicken (food)
Chicken is the most common type of poultry in the world, and is prepared as food in a wide variety of ways, varying by region and culture.- History :...
and breakfast Taquito
Taquito
Taquito or flauta is a Mexican food dish consisting of a small rolled-up tortilla and some type of filling, usually beef or chicken. The filled tortilla is crisp-fried...
s. As Whataburger turned 35 in 1985, it noted that in its Texas Coastal Bend stores alone, it served 10,434,840 customers per year. The company reached the 400-store mark in 1987 and reached 440 by 1989.
Although the chain had extended itself into California in the late 1970s, it pulled out of that market completely by 1987.
As the number of stores jumped to 475 in the early 1990s, significant menu items including to Whatameals, cookie
Cookie
In the United States and Canada, a cookie is a small, flat, baked treat, usually containing fat, flour, eggs and sugar. In most English-speaking countries outside North America, the most common word for this is biscuit; in many regions both terms are used, while in others the two words have...
s, biscuits and chicken strips
Chicken (food)
Chicken is the most common type of poultry in the world, and is prepared as food in a wide variety of ways, varying by region and culture.- History :...
were added. By mid-decade, the company delivered its first $1 million net Saturday and handed over the reins of President/CEO to Tom Dobson, Harmon's son. Tom oversaw expansion to over 500 units and beyond, making Whataburger the country's eighth largest hamburger chain.
On May 6, 1999, the company's flagship "Whataburger by the Bay" opened on Shoreline Drive in Corpus Christi, Texas. A tribute to founder Harmon Dobson, this flagship store boasts 6000 square feet (557.4 m²), water views, and a life-size bronze statue of Mr. Dobson near the entrance at the bay side.
Modern day
On August 8, 2000, Whataburger celebrated its 50th anniversary with 575 units in operation. In 2003, the company hired AustinAustin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
-based advertising firm McGarrah Jessee
McGarrah Jessee
McGarrah Jessee is an advertising agency based in Austin, Texas. The company was named “Southwest Agency of the Year” by Advertising Age in 2009...
which created the gravelly-voiced advertising campaign featuring the voice of Ohio actor William Bassett. In October 2011, the agency unveiled a new, documentary-style campaign which highlights the pride Whataburger employees have for the company. Today, there are nearly 700 locations in 10 states with sales of $1 billion annually. Whataburger relocated its home office to San Antonio in 2009.
Special products
Whataburger has consistently added promotional and "limited time only" food products to its menu. Most of the limited-time-only products will be served for a set period of time, such as the Honey BBQ Chicken Strip Sandwich, the A1A1 Steak Sauce
A1 is a steak sauce and condiment for use with meat or game dishes. It was developed in the United Kingdom as a brand in the year 1831 and was later introduced to the United States by G.F...
Thick and Hearty Burger, Patty Melt, and the Peppercorn Ranch Whatachick'n. These products usually return on the menu again for a limited time after a few months. The newest product to be offered is a strawberry pie (as an alternative to the traditional apple pie) and the new Grilled Chicken Melt sandwich. Some of their promotion products have sold so well that they have been added to the menu permanently, namely the "Three Piece Chicken Strips" Whatameal and the Honey Butter Chicken Biscuit. Occasionally, Whataburger's famous breakfast taquitos are sold for 99 cents each for limited periods of time, usually from the day after Christmas through January. Also, the Breakfast on a Bun (also referred to as a BOB) is periodically listed on the menu for 99 cents. In July 2009, Whataburger introduced a new limited-time product called the Chop House Cheddar Burger. In late 2009 when the A-1 Thick and Hearty Burger was the limited-time special, Whataburger announced that it was the last time, and that on December 21, 2009, it would go away forever. It was unknown whether it would ever make a comeback. On September 9, 2011, it was announced on Whataburger's Facebook page that the A-1 Thick and Hearty Burger would be returning as part of a promotion selling the "All-Time Favorite" limited-run sandwiches.
Headquarters
Corpus Christi, Texas
Corpus Christi is a coastal city in the South Texas region of the U.S. state of Texas. The county seat of Nueces County, it also extends into Aransas, Kleberg, and San Patricio counties. The MSA population in 2008 was 416,376. The population was 305,215 at the 2010 census making it the...
. The company had considered moving its headquarters inland before Hurricane Ike
Hurricane Ike
Hurricane Ike was the second-costliest hurricane ever to make landfall in the United States, the costliest hurricane ever to impact Cuba and the second most active hurricane to reach the Canadian mainland in the Great Lakes Region after Hurricane Hazel in 1954...
hit the Texas coast in 2008. Whataburger had its crisis management system and team set up in San Antonio, Texas
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
, so the company decided to move its headquarters there. The headquarters moved in 2009.
Similar names & logos
Whataburger is not to be confused with "What-A-BurgerWhat-A-Burger
What-A-Burger is the trading name used by a small group of restaurants which were established by entrepreneur Jack Branch and members of the Branch family beginning in 1950...
" (note hyphens), several small groups of family-operated restaurants in Virginia, North Carolina and South Carolina operating under very similar names, but completely unrelated.
First use of a very similar name
The first Virginia store opened in 1950 by entrepreneur Jack Branch near Newport News, VirginiaNewport News, Virginia
Newport News is an independent city located in the Hampton Roads metropolitan area of Virginia. It is at the southeastern end of the Virginia Peninsula, on the north shore of the James River extending southeast from Skiffe's Creek along many miles of waterfront to the river's mouth at Newport News...
at Newport News Circle (intersection of Jefferson Avenue and U. S. Route 258) in the former Warwick County
Warwick County, Virginia
Warwick County was a county in Southeast Virginia that was created from Warwick River Shire, one of eight created in the Virginia Colony in 1634. It became the City of Warwick on July 16, 1952...
(now a portion of the City of Newport News). Branch's' first location predated the first Texas Whataburger restaurant slightly; a move to a location within sight took place after a modernization project involving the traffic circle. That store is still in business today.
Apparently, the Newport News Circle store and other small What-A-Burger operations in the Richmond-Petersburg
Richmond-Petersburg
The Greater Richmond Region is a region located in a central part of the state of Virginia in the United States. As of 2010, it had a population of 1,258,251, making it the 43rd largest MSA in the country...
areas and in North and South Carolina and the Texas Whataburger chain were all unaware of each other's existence several states apart until around 1970, when there was some correspondence. However, no legal actions took place at that time.
Trademark infringement claim: federal lawsuit
It was over 50 years before the matter came before a U.S. Federal court, when a federal lawsuit was filed over alleged trademark infringementTrademark infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
. By then, the original founders (Paul W. Branch and Harmon Dobson) were no longer available to shed light on any agreements or understandings they may have had.
Decided in 2004 by an Appeals Court, it was essentially decided that the Texas Whataburger has a legitimate trademark; however, the then-current Virginia operations did not harm the much larger Texas-based chain in any way, nor do they cause any reasonable public confusion.
In part the court said "There is no evidence — nor can we imagine any — that consumers are currently likely to be confused about whether the burgers served by Virginia W-A-B come from Texas or Virginia."
The Concord, North Carolina
Concord, North Carolina
Concord is a city in the U.S. state of North Carolina. According to Census 2010, the city has a current population of 79,066. It is the largest city in Cabarrus County and is the county seat. In terms of population, the city of Concord is the second largest city in the Charlotte Metropolitan Area...
based What-A-Burger Drive Ins, Inc., was not a party to the lawsuit, but under case law procedures, the use of the name there apparently would fall under the same criteria applied to this case.
There is also a small chain of restaurants called Watsonburger, with about 15–20 units located in northern Texas and southern Oklahoma. These restaurants have a menu and overall "look and feel" very similar to that of Whataburger. (See McDowell's.)
In popular culture
- Former WWE Champion Stone Cold Steve AustinStone Cold Steve AustinSteve Austin , better known by his ring name "Stone Cold" Steve Austin, is an American film and television actor and retired professional wrestler...
, when he did his "WHAT?" routine on WWE RAW or Smackdown!, would often say, "I went to Whataburger for lunch today!" And the crowd responded "WHAT??" Austin would continue, saying he ordered a "Whataburger," "Whatachicken," (the chicken sandwich on the menu), and continue on with various other fast food items he had ordered.
- The chain also appears frequently in the American animated series King of the HillKing of the HillKing of the Hill is an American animated dramedy series created by Mike Judge and Greg Daniels, that ran from January 12, 1997, to May 6, 2010, on Fox network. It centers on the Hills, a working-class Methodist family in the fictional small town of Arlen, Texas...
.
- On The Tonight ShowThe Tonight ShowThe Tonight Show is an American late-night talk show that has aired on NBC since 1954. It is the longest currently running regularly scheduled entertainment program in the United States, and the third longest-running show on NBC, after Meet the Press and Today.The Tonight Show has been hosted by...
, Josh BrolinJosh BrolinJosh James Brolin is an American actor. He has acted in theater, film and television roles since 1985, and won acting awards for his roles in the films W., No Country for Old Men, Milk and True Grit.-Early life:...
told the story of how is mother once woke him up at 2:30AM and drove 1,500 miles just so he could have his first Whataburger.
- In the novel Infinite JestInfinite JestInfinite Jest is a 1996 novel by David Foster Wallace. The lengthy and complex work takes place in a semi-parodic future version of North America, and touches on tennis, substance addiction and recovery programs, depression, child abuse, family relationships, advertising and popular entertainment,...
, Whataburger sponsors a tennis tournament known as the "WhataBurger Southwest Junior Invitational" in Phoenix, AZ.
- There is a scene in the movie 8 Seconds8 Seconds8 Seconds is a 1994 biographical film about American rodeo legend and world bull riding champion Lane Frost. It details his life from his youth learning how to ride bulls, until his death in 1989. It was directed by John G...
where Lane FrostLane FrostLane Clyde Frost was a professional bull rider and Professional Rodeo Cowboys Association member, who died in the arena at the 1989 Cheyenne Frontier Days Rodeo as a result of injuries sustained riding the bull "Takin' Care of Business".-Early life:Lane was born on October 12, 1963. At that time,...
goes on a date to Whataburger and asks Kelly "How's your Whatachicken?"
See also
- Whataburger FieldWhataburger FieldWhataburger Field is the minor league baseball stadium located in Corpus Christi, Texas, USA. It is currently home to the Corpus Christi Hooks, the double-A affiliate of the Houston Astros...
, home of the Corpus Christi HooksCorpus Christi HooksThe Corpus Christi Hooks are a minor league baseball team of the Texas League, and are the Double-A affiliate of the Houston Astros. They are located in Corpus Christi, Texas, and are named for the city's association with fishing. The team's ownership group is headed by Baseball Hall of Famer Nolan...