Can A Historical Name Become Trademarked?

Domain Name disputes

[Fractal]

Hi Guys,

I have a question concerning a domain name I registered a while back, and was wondering if this domain name can be taken from me if a company has trademarked this name, despite the fact that the name is of a historical figure. Lets assume the historical figure was David "Davy" Crockett. The company that trademarked the name ( if that is legally possible) sells Survival gear. I on the other hand want to sell canoes. Am I in the right to launch my site?
And is it legal to trademark a historical name? What is the wait period in order to do so, if any?

Thanks in advanced

Fractal

[Webwork]

From this forum's charter:

Trademarks and Legal Advice

There is only one place to go for legal advice - your own lawyer. While members may point out the possibility of legal issues or discuss recent court rulings, etc, no legal advice should be requested or given on this forum.

P.S. I'm a lawyer and my advice would be to discuss this with a trademark lawyer in your home state. These matters are fact sensitive, so lots of details are necessary and even then a lawyer may not have 'the' answer for you - just advice about the likely outcomes.

[soapystar]

afaik in the UK and/or possibly the EU you cant trademark a dead persons name....for instance there was a case against a shop called "Elvisly Yours" by the estate of Elvis Presley for trademark infringement which was lost because it was ruled he was dead so it no longer stands as a trademark.