I want to name a new product with a name that has been TM'ed by another party. Much searching has revealed no evidence that the TM holder has actually used the mark in commerce. Other evidence suggests to me that the evidence of use in commerce is bogus. The Section 8 Declaration of Use is supported with an "advertisement" that is highly suspect (e.g, the photoshopped product image is not credible).
If I believe strongly that no one has ever legitimately purchased any of the other party's product, should I proceed to use my own, similar mark.
Put otherwise, how could a consumer confuse my product for the other party's if they have never seen the other product?
Given that I'm just starting, would prefer not to challenge the mark. Having a defensible position might good enough.