I simply continue my search. Likelihood of confusion is indeed a tricky issue. Tha is not an argument against applying the test, it merely shows that fairness is not always easy. The absence of this determination is why some parties were able to practice what has been referred to as reverse domain name highjacking. Nevertheless, the requirements of fairness in domain name allocation requires some type of confusion determination.
National courts are one solution, but they are an expensive, slow option.
I recommend that new IANA swfitly seeks an expedited form of dispute resolution. This is more strawman stuff. This is nonsense. But they are guaranteed that third parties can't deliberately trade off those rights. This costs money.