Going Viral Doesn’t Mean You Own It. Inside The ‘TENDERNISM’ Trademark War

Core Viewpoint - The article discusses a trademark dispute over the term "TENDERNISM," which has gained viral popularity through social media, highlighting the importance of timely trademark protection for creators and businesses [3][16][18]. Trademark Applications - Kenneth Harris, an attorney, filed two Intent-to-Use (ITU) trademark applications for "TENDERNISM" on November 21, 2025, before Diamond Smokehouse's filings [1]. - Diamond Smokehouse filed two Use-Based trademark applications on December 5, 2026, and January 8, 2026, claiming first use of the mark dating back to April 17, 2024 [6][10]. Legal Distinctions - ITU applications allow for the reservation of rights before actual use in commerce, but do not establish trademark rights until the mark is used commercially [8]. - Use-Based applications are filed after the applicant has already used the mark commercially, which is critical in determining ownership rights [10]. Public Perception and Criticism - There is public outcry and criticism regarding the trademark filings, with many believing that "Unc," who popularized the term, should own the trademark [13][14]. - The article emphasizes that trademark rights arise from commercial use, not from coining or popularizing a term [16]. Implications for Creators and Businesses - The dispute serves as a cautionary tale for creators and businesses about the necessity of proactive trademark protection [17]. - The article concludes that viral fame does not equate to trademark rights; actual use in commerce and timely filing are essential [18].