The first What-A-Burger store opened in 1950 by entrepreneur Jack Branch near Newport News, Virginia, at Newport News Circle (intersection of Jefferson Avenue and U.S. Route 258) in the former Warwick County. Branch's first location preceded the first Texas Whataburger restaurant slightly; the move took place after a modernization project involving the traffic circle. What-A-Burger and Whataburger were unaware of each other's existence several states apart until around 1970, when there was some correspondence. However, no legal actions took place until 2002–2003, when both companies sued each other over the alleged trademark infringement. The Court of Appeals, in 2004, eventually decided the Texas Whataburger had a legitimate trademark; but the Virginia chain did not harm the much larger Texas-based chain in any way or any reasonable public confusion: "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." A second restaurant chain based in North Carolina, named What-A-Burger Drive-In, owned by Eb and Michael Bost, was not a party to the lawsuit, but under case law procedures, it would also retain its name. It visibly numbered their stores starting from #1 in Kannapolis, North Carolina, to #15 in Concord, North Carolina, six of which remain in operation . Whataburger has sponsored a variety of music festivals. The company has also sponsored sports through the Whataburger Sports Complex in Kilgore, Texas, the Arizona Soccer Association, and David Starr Racing, among others.