Someone of note once said..."the law is an ass.' I say that sometimes lawyers can be asses too. The law of arbitration states that a domain investor must have registered a domain in bad faith but to many that is a hard concept to prove and many argue that it is just an opinion rather than hard legal fact. Another legal issue which is hard to prove is the matter of 'reasonable', i.e. 'to use reasonable force to defend oneself.
My interpretation of 'reasonable' may be different to yours.
If I agree to buy your car and we shake hands on the deal it is safe to assume that I acted in good faith. However, if I then change my mind and pull out of the deal how on earth could it be proven that I had acted in bad faith. Not impossible I grant you but difficult none the less.
I believe, and it is just my opinion that all sides of domain investing and business in general will eventually turn the law of arbitration on it's head and it will be much more difficult to register a domain name if there is even a hint of trademark infringement.
For example, if Reddstagg Roboxcrypto Corporation want to register www. reddstagg. com they should expressly be warned at the time of purchase that there are other similar domain names available with different domain extensions and they have the opportunity to buy these also. If, they do not buy all of them, then they waive their right to later pursue a legal case against anybody else who may have registered a similar domain name.
Registrars too have a responsibility to invest in software that preempts against registering a name which may or may not conflict with a trademark.
For example, I have registered 130 domain names myself and I have another 1,000 names which I have run through a major registrars software and I only ever, in 5 years received one warning about a trademark issue.
This however, was so far off the mark it amazes me. I registered for example www. examp.le with the 'le' being the domain extension.
The clever computer advised me that there may be a potential trademark infringement as there was already a major corporation with the name 'examp' and I had to expressly declare that I was aware of the potential infringement and I was satisfied that I could proceed with my registration.
However, my domain name in full and the domain name extension was probably one of the top 50 used words in a foreign language, so a layman could quite possible argue that there was no case to answer for anyway.
I used 'reasonable' common sense to think of my domain name so I think I have it covered.
Please note that the views expressed are my own and I am not a lawyer and I have no money so don't sue me. Please be careful when registering any domain that may skate near any trade mark issues as until the law changes it all boils down to a matter of opinion and theirs may be different to yours.
G-oodlu.ck