Ah, yeah I've run into this before. There are ways of disabling the auto update check, buth definitely worth considering.
I think we may have to agree to disagree here, but let me better explain my point.
If you're naming something a single, English, generic word (a very popular scheme for naming anything these days) you're at risk for somebody else using the same name as you. There are other ways to differentiate yourself besides just a name.
With that said, like I mentioned in my original post, I'm very cognizant of trademarks, whether registered or not.
For example, "Genesis" was a generic name, but it's built up such a reputation in the WordPress community that it's become pretty recognizable as the name of a theme framework. If I named a theme "Genesis" I wouldn't be surprised if I heard from Copyblogger's lawyers.
Something like "Avada" is on a whole other level that you can't really argue at all. It's clearly a made up word that has only ever been used for a WordPress theme.
These examples are not what I'm talking about.
Another example, "Artist" is the name of a theme that has not been updated in five years, was pulled from the WordPress.org theme directory, but is still technically "taken" since the "artist" slug on WordPress.org is unavailable because of it.
Would reusing a name like that be considered being "a jerk"?