There is of course the problem for ICANN that if it can be shown that they have not taken ALL reasonable steps to stop TM violations or fraud then they (ICANN) could become liable in civil law for damages. Here the term 'ALL reasonable steps' would of course continue to evolve, therefore placing a tremendous burden on ICANN.
Considering the history ICANN has of ineptitude in certain areas, and especially their slowness to act to situations, this could become a legal nightmare for them.
Now that would be interesting.