domain name and trademark copyright

so our group has a little dilemma over the choice of our brand name. The Third Network.

at first it seems like a great name, until our market research discovered a small company in america that sold mobile phones. they do not currently own a website and are in the process of building one. even though we offer completely different services this still counts as infringing upon copyright.

here is the number 1 hit on google for "the third network" http://www.thethirdnetwork.co.za/

it is a blog page and as such is unimportant, but it is the reference to the mycell company, http://www.google.co.uk/search?rlz=1C1SKPC_enGB362GB365&aq=f&sourceid=chrome&ie=UTF-8&q=the+third+network, a couple of hits down that worries me. although the link does not go anywhere, page 404 not found- error, it still shows that this company is out there and we must consider legal repercussions.

the majority of the group is unfased by this as the domain name "thethirdnetwork" is available.

options:

-change our name to something that does not exist

-stick with our name as legal action is highly unlikely.

- alter the "third" to "3rd"