There's that legal aspect, but another angle to consider is how a unique vs a duplicate name affects marketing, search and in general, the ability for your content to be found. Assuming you want your music to be found. Ideally you want to "own" your band name in search. Or at least not be buried under five pages of results that have nothing to do with you, when someone searches your name.
Anyway, all I'm saying is at the very least, before putting your heart and soul into a name, making a logo, playing gigs, and having shirts made, take the 30 seconds to google it and at least see who else is using it, before committing. You might be surprised that the name you think is unique was taken by a band in 1979, and they have twelve albums out. Or that the name is taken 10x over.
