Re: Band name issues
Similar issue happend with Wrathchild America and Wrathchild UK in the late 80s; you can see from the names how a judge ruled when push came to shove . . .
Can you live with 'Whale America'? (sounds like commentary on the U.S. growing obescity issue)
As mentioned above, you could opt for the 'The Whale' which also happens to align you closer to Mellville and a literary reference.