In addition, one must ask, from whence comes this authority to be the internet's trademark cop? There is no delegation of such authority from any government, most notably not from the US Dept of Commerce's NTIA agency, which, by the way, has no statutory power to endow that kind of trademark cop powers onto ICANN.
From nowhere and nobody. ICANN only reason for its existence is that we require a set of unique identifiers to keep Internet working as a collaborative conglomeration of autonomous and heterogeneous networks.
ICANN original intent was to provide a more formal and institutional framework for the work Jon Postel and IANA have been doing for many years, and to facilitate creating a more open process about how this work is done, nothing less, nothing more. The rest is an awful amount of yada-yada that has been artificially embedded into ICANN by a flock of crows which their only interest is to keep profiting from the money printing machine that ICANN became collecting fees. BTW, being a charitable organization, how much money did ICANN contribute on behalf of the Internet Community to charitable causes ? Double sigh.