A similar situation occurred in Tennessee. Titans fan and season-ticket holder Scott Douglas wish to emulate his brethren in Cleveland (who created the term "Dawg Pound") and name a section of seats at Adelphia Stadium the "Flame Pit." He came up with the name in March and set up a web site. His idea was reported in May and soon afterwards he was surprised to see T-shirts bearing the phrases "Flame Pit" and "Member 1999" designed and sold by Pro Player, one the NFL's major licensees.

Douglas was quoted in the Nashville Tennessean: "We've tried to do something to generate excitement for our NFL team and they come in and take the idea from a fan and claim it as their own."

Alas, Douglas never trademarked the phrase with the U.S. Patent & Trademark office. That means it had no legal protection and anyone could use it, for either commercial or non-commercial means.

The trademarking of key terms has become more and more important in the sports field because of the billions of dollars of merchandise sales and enhancement of the brand name. Also, trademarks add to the value of a given franchise. Think of Yankees pinstripes. Like that ad says, "priceless."

According to the article, the licensing arm of the NFL thinks that "Flame Pit" will be a part of the merchandising sales of the league, even if Douglas, the fan, pursues trademarking. It probably is right. Since Douglas did not use the term in any commercial context, he could not show evidence of "use." The Titans and the NFL can.