Better idea would be to claim that you're going to release it "real soon now" and then see who sues to stop you. That way you aren't hosed for any expenses associated with actually getting the game ready to release.
That's exactly what I said in my second sentence. Since it likely costs them something to set it up, and since releasing it would cause actual damages, just put up a page claiming its imininent release.
The only issue there is someone may wait a long while before actually suing you or no one with any actualy standing might attempt, which leaves you still unsure.