So do you see an actual product in the App Store under your desired name or is the problem that your previous product is interfering with the upload. Since you own the copyright to the name, why not specify what it is so that interested users can take a look.
Remember that copyright infringement isn't a black and white issue. I think I could put an app up in the store that was called "Apple Selector" without any problem if the app used the iPhone microphone to tell how ripe an apple was when flicked with your finger.
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