If you can register it, do it, no one is going to stop you. But sometimes whois is not very accurate, there can be a delay if the company renewed the site a day or two ago.
We wanted to buy a domain from a company (we have the same name) and we were willing to give them thousands, but they wouldn't budge. One day, the domain expired, we registered for it and there was nothing they could do to get it back.