Is there a way to learn the identity of the holder? Where the person or company is based, that sort of thing? Is it a Canadian or American company? I think you would have to apply directly to them, stating your purpose for this name, and asking permission to use it if it doesn't conflict with what they are selling. I've heard that some will give permission provided you give them a percentage of total sales, but I'm not too sure about that. The best thing would be to consult a lawyer. No matter how you look at it, it is likely to cost money.