startup - 3:12 am on Aug 25, 2002 (gmt 0)
"similar theme as mine"
When working in certain areas you get to know the competition very well. Do some research before you make up your mind. Whois data, do you reconize the owner, does the style of writing look familiar.
A well done site with good content should get a link. Even if they are starting fresh after being penalized on another domain. If your research leads you to believe they are recovering from a penalty, let the owner know.