Right now, at least one of the 32,556 businesses located in the Southwest Florida area is thinking about using the phrase 'March Madness' as part of upcoming advertising and marketing plans. Why not? It's a great use of alliteration. It's a familiar term. And, it's that time of year.

A furniture store in Naples might think it would be clever to use 'March Madness' in its commercials on Fort Myers radio to promote a big spring sale. A non-profit in Cape Coral feels it would be a good way to describe its charity fun run on social media and online advertising. A sports bar in Bonita Springs believes it would be a no-brainer to use the term in streaming video and audio ads to bring in scores of basketball fans.

It is, indeed,  tempting for a Fort Myers small business owner to use this term for advertising or marketing purposes. But,  to avoid a costly legal battle, the use of this trademarked phrase should be a non-starter. Here's why.