Oh...he published it in April 2001...hmmm...not active on this board at the relevant time which means I did not read the post. Therefore, the simple conclusion is that my idea occured to me wholly independent of Rob's so he has no grounds to stop me from using MY IDEA.
Arise, arise, Riders of Theoden!
Fell deed awake: fire and slaughter!
Spear shall be shaken, shields be splintered,
a sword-day, a red-day, ere the sun rises!
Ride now, ride now! Ride to Gondor!
Theoden King: The Return of the King