I am a Domainer and to be honest I will always give the Domainers side, no matter what, this is after all a business, everything is far in love and war, and Domaining business is kinda war.
Only where overreaching TM holders are trying to hold a dictionary word or common phrase hostage do I agree with you. I have no right to own 'Xerox' or 'Scarlett Johansson'.
First off, no matter what the other person argued, Scarlett Johansson would still have legitimate rights to the domain name. End of case.
What if MY real name was 'Scarlett Johansson' and I am, say, a personal trainer in Madison, Wisconsin who uses the name to promote herself and her business and has no interest in selling the domain? What if, perhaps, the non-famousScarlett registered the name in 1996 before the famous Scarlett was famous? Would the famous Scarlett be entitled to the domain in this instance (especially if the famous Scarlett were to TM her name)?