Probably not, but WotC made a conscious decision not to include them in the SRD, which means they'd probably take exception if we used them anyway. While we probably have the law on our side, A) we want to play nice, and B) they could out-spend us before it ever got to court. As such, it's easier just to come up with a different name. Come on, we're a bunch of creative guys and gals! I'm sure we can come up with something. There's already been several great suggestions. Whatever we settle on will definitely be OGC, so other publishers won't have to go through this kind of headache.
...Unless they just don't like what we come up with.
Right now I'm leaning toward tiered names. There's be a scientific or technical name (used by their creators-- something "PC"), a common name (how they would refer to themselves), and something slang or meant to be derogatory (used by those who are forced to Interact with them whether they like it or not).