I hate to say it, but trademark/IP issues were written into the initial MoU, which became current JPA, item V.C.9.d quoted below. http://www.icann.org/en/general/icann-mou-25nov98.htm
Section V.C. has been replaced in its entirety several times. The most recent September 2006 modifications to the JPA replaced it with much simpler language nothing about IP. Dealing with IP may have been ICANN's job ten years ago when he was on the board, but it isn't now and hasn't been at least since 2006. See http://www.icann.org/en/general/agreements.htm
On Jul 16, 2009, at 8:11 AM, Olivier MJ Crepin-Leblond wrote:
Jonathan Cohen, Senior Partner at Shapiro Cohen replied that this was false
Jonathan has been promulgating that myth since 2000 when he sat on the board. Then he stated "Protecting intellectual property rights is written into the bylaws, deal with it" (paraphrasing, I can't readily find the exact quote from the transcripts...)
R's, John