The whole TM issue at iCann is a joke, I read hundreds of their decisions a while back for a story I did on the first individual that had to sue a public company for cyber squatting.
At that time there where 3 or 4 thousand icann cases.
This was the only one where a private person was suing a public company for using his trademark.
We broke the story and a few financial services carried it. The public company went from 250M to 50M in a few weeks after our story broke.
I can show you an SEC filing where that company brags about the name.
Now when you do a whois, it's back where it belongs, IN THE HANDS of the CEO of AIS.
Yet you see people on these expert forums acting like AIS doesn't have a clue.
Anyway, from what I gathered from reading hundreds of TM issues at iCann is that you only violate a TM is you misuse the mark in "BAD FAITH".
That is bastardized to mean many things at iCann.
Primarily it means try to make money with the name.
The people running iCann still think the Net is back in the day when the DOD and Universities were the only users.
So case after case at iCann goes to TM owners when they prove or just state, the register of the dom tried to sell it, that's a no no at iCann if the name is a possible TM issue.
Or if they used it commercially, that can mean any thing.
Or if they used it to CONFUSE.
So, iCann can say the use is okay or they can say the use is in bad faith and return the dom to the TM owner.
It's not open and shut, but most cases go to the TM owner
A few TM owners have terrible lawyers that have no clue as to what they have to put forth in an iCann filing
Those lawyers get slapped around the TM owner loses
The good lawyers (is there such a thing) keep it simple stupid
This is the right to the mark (usuallly a USPTO number)
This is what the TM owner does
This is what the register of the dom did
They used bad faith by
X
Y
Z
If the filing says that, the dom gets returned
If the lawyer doesn't do that, then the people at iCann go on a roll about this and that and who cares and says declined to order transfer
So the whole thing goes to intended use
YOU CAN USE TM'S
But you can't do several things on such sites
I'm not a lawyer, but I've done enough research on the whole TM issue to say what I know
iCann will order domains to TM owners when the owner does a few things
1. Offer it for sale
2. Use it to confuse
3. Use it commercially
At least that is what I gathered from actually reading hundreds of iCann dispositions