Re: similar band names
Personally speaking, just as they're every chance to preserve their brand....in the same way I wouldn't want my band confused with another either. Once I knew that a band name I'd chosen was being used by an established band, I'd drop it and find another name.
Different story if you'd been using the name for years and only just stumbled across these guys. But considering you're only just forming and have very quickly become aware that an established act is already using the name, I'd alleviate the confusion from the get go and come up with something else.