There is no "should have checked first" obligation where the OGL is concerned. If you are completely unaware of another publisher's open content and product identity, you couldn't be sued "for using their PI."
That's not entirely accurate. You can always be sued. Even when you've done nothing wrong. In this case, you should win, but there's nothing to prevent the lawsuit. Even worse, if you couldn't afford to defend yourself properly, you could lose, setting up a dangerous precedent. Granted, there are no "damages" under the OGL aside from taking stock out of the channel. But the lawsuit still costs money to defend against.
Joe
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