The code causing the error looks something like this....
Here is the value of $name: "some_data" 
if($what_the_fuck= ($name != NULL)) 
{ 
   echo "debug (passed): $what_the_fuck"; 
} 
else 
{ 
   echo "debug (failed): $what_the_fuck"; 
} 

And this is what is happening.....
debug (failed): 1 
ERROR: Template: trying to set NULL template variable name 

the "what_the_fuck" variable == 1 so why is if failing.  "name" == "some_data".  If ($name != NULL) == 1 then if should not fail.  P.S. I added the "what_the_fuck" for clearity only.

thanks,
richie