Papa Burgers has been serving El Pasoans home-style diner quality hamburgers for a number of years, but now they’re the one being served – with a costly lawsuit.

The El Paso Times reports A&W is suing the popular El Paso burger joint for trademark infringement maintaining they not only own the name "Papa Burger," they are the only ones who can use it as the name of a hamburger or restaurant.

According to documents filed in district court, A&W claims the Zubia family, which owns and operates Papa Burgers locations in El Paso and Albuquerque, "knowingly and willfully directed, oversaw and actively engaged" in trademark infringement.

The lawsuit, which you can read in its entirety here, states A&W trademarked the name in 1963 and has had a 'Papa Burger' on its menu for over half a century.

Allowing Papa Burgers to continue using the name would cause A&W "immediate and irreparable harm" as the use of the name “is likely to confuse consumers and cause customers to believe” incorrectly that Papa Burgers and its products are affiliated with the A&W brand.

In a statement sent to the Times, A&W said it wants Papa Burgers to "discontinue its use of 'Papa Burgers' for its restaurant chain."

It's also seeking "compensatory damages," attorney's fees and other costs.

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