Me and some friends are starting a band and we're actually performing soon (as in the next couple of months). I have a band name idea but i looked it up and it was taken by some act in LA. On their bio it says that one of their singles went platinum world wide (even though actually that just means that the shipments totalled 1million, not necesarily being sold). They are still active. But nobody has really heard of them around here, we play a different genera, and they don't even have a wikipedia page.
Would i beable to get around copywrite infringement and name my band the same thing? I know some copywrite laws, but im not really that much up to par.

Also could someone give tips on making a bandname for a sidenote?
Band names are trademarked, not copyrighted, and if that band owns the trademark, there's nothing you can do about it.

And why would you want a band name that someone already has anyway??