Was it even possible to register just a second level .name domain name? It sounds like it wasn't, so therefore no one would be using john-doe.name and there'd be no ambiguity.
I have the .name zone file and can confirm that no records for baxter.name appear therein, so it is not reserved only because a 3LD registration has ever taken place, it is reserved proactively just in case someone with that surname might want to register a 3LD under it.