If he has any kind of copyright protection of his name, he would have a case. Remember, Sarah and Bristol Palin both copyrighted/trademarked their names, or at least applied to get that protection for the use of their names.
Not necessarily. Remember, a trademark only offers protection for specific goods/services (there are 45 distinct classes of goods and services). Something a lay person easily overlooks.
And protection for any goods/services that have not been in use for a specified time are void by statute.
“are void” = is void.