The law on this is not clear cut.
For example:
kathleen kennedy townsend (running for gov in MD) lost her bid to get domains with her name back:
http://www.washingtonpost.com/ac2/wp...¬Found=true
while Madonna wins.
The difference?
Madonna makes money off her name.
Usually they need a trademark, but not always.
If you want to know - call up Ari Goldberger. He is honest and will tell you the deal with the name you have. He practice is almost all domain law as far as I know.
www.esqwire.com
His fees are very reasonable and will let you know up front if you have a good claim to the name.
I have probably gotten dozens of letters threatening me with lawsuit/udrp. Only one has followed through (pending UDRP action).