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Are you talking about a UDRP case or a Lanham Act/TM infringement case ? Those are two different things.
Also like the OP mention in his last post - real names cannot be TM'd but you will probably lose those domains in a UDRP case to the actual person.
You also have to realized that even without a registered TM there is still a common law trademark based on first in use. But that common law TM is limited in its geographic scope. In the US we go by the idea of first in use. In most European countries they go by first to register.
To answer your question if it's about UDRP I would need to do some research. I don't have instant recall of thousands of UDRP decisions. Generally it's not a good idea to use a name that someone else is already using unless you have enough money to litigate the issue or buy the rights.
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