Right now, at least one of the 19,142 small businesses located in the Wilmington, Delaware 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 New Castle might think it would be clever to use 'March Madness' in its commercials on Wilmington radio to promote a big spring sale. A non-profit in Edgemoor feels it would be a good way to describe its charity fun run on social media and online advertising. A sports bar in Boothwyn 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 Wilmington 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.