[quote name='OldGit' post='316247' date='Oct 27 2008, 10:28 PM']forget it and use an original name[/quote]
I agree.
Having said that, before we did our first ever gig, I did a search online for Foolish Earthlings and found a link to the webpage of a band called [i]The[/i] Foolish Earthlings. I emailed them, told them about us and said I didn't have a problem with our two bands having similar names as we seemed to operate in completely different areas (musically and geographically). Within a day the main guy replied to say that he was in fact the only guy and it was only an idea for a name for a band which didn't actually exist yet - and that he was happy to scrap it and the page, and he wished us luck.
Don't expect anything like that to happen.
Even Nirvana got sued by that earlier hippie band, Nirvana. (Hippies suing drop-outs - "what happened to you, man?".)