When Kenneth Harris filed filed a trademark for “Tendernism” across the country from the pitmaster who coined the term, some thought he was trying to capitalize on a moment.
He was. But not for himself.
Harris, a Conroe, Texas native and renowned Charlotte, N.C.-based attorney, is accustomed to handling high-profile issues. His previous work includes representing Magic Johnson and numerous players in partnership with NBA super agent Bill Duffy. Harris, like most of us, was captivated by the rise of “Tendernism”—the viral catchphrase of pitmaster Walter Johnson and his trademark ribs, oxtails and other delights at Destination Smokehouse, the California-based barbecue restaurant where he worked.
Harris stepped in from across the country and filed a trademark for “Tendernism,” creating a multiparty trademark dispute now involving three parties.
“I was the first applicant and I filed and then I believe the Destination Smokehouse filed a second application after mine,” Harris said to Chron. “I wanted to get to [Johnson] from the very beginning and work with him in terms of building business around the trademark. I was finally able to get in touch with him through … his manager. And thank goodness we were able to coordinate getting together and I was able to facilitate a transfer of my trademark applications over to Walter.”
Once Johnson had his trademark, the duo agreed to work together on future business ventures. Harris knew who to call first: Houstonian Lanny Smith, founder and CEO of Actively Black, an athleisure brand that has grown exponentially since its founding just six years ago.
“I saw how substantial Lanny’s brand was growing, but more than that, the quality of the brand, the quality of the product was what stood out to me,” Harris said. “I thought that there would be some consistency between that quality and the emphasis on our community and Walt’s journey. So once I made the contact with Lanny, we reached an understanding that this was all about advancing Walter’s future and opportunities.”
Harris laughs as he mentions the last part, while Smith—a legend from the Houston area who made a name for himself at Hightower High School and with the Houston Cougars—initially thought something suspicious was going on with the business venture.
“I thought he had took advantage of [Johnson] by getting the trademark first, and I wasn’t with that,” Smith said to Chron with a laugh, admitting that the conversation went awry immediately. “I probably could’ve handled the conversation better, but I was being protective of our community in that moment.”
Harris and Smith eventually came to an understanding, and now the athleisure brand will collaborate Mr. Tendernism to produce apparel and other merchandise. Actively Black has brand collaborations with the estates of Michael Jackson and Martin Luther King, Jr., as well as Disney’s Star Wars and Princess Tiana. To date, Smith’s apparel line has generated over $30 million in sales and processes more than 10,000 orders each month from its Houston warehouse.
For Mr. Tendernism, he’s just grateful for the stars aligning in his favor.
“What’s meant for you, you’re going to get it. And so he saw an angel. You know what I’m saying? He just happened to be one of those baldheaded angels,” Johnson said while pointing at Harris during an interview on Actively Black’s YouTube page. “How things come together might not have been the fastest I wanted to or fast as the next man, but it all came together and it’s up from there.”