Facebook listed 3 of the 45, including one that I'd argue does not at all violate TM or phish. In a post like this, they'd likely pick the most egregious examples, so your statement about how obvious this is is entirely baseless. Furthermore, I'm absolutely okay with Namecheap not honoring a demand for information without a subpoena. Those whoisguards protect me from spammers, scammers, and anyone who would want my information from a whois.
Agreed 100%. I'm a huge fan of removing all PII from whois info. Get a subpoena if you want that data. Otherwise next thing you know they'll be demanding registrant info for "facebookisevil.com" because it "infringes on our trademarks!!!"
I thought the point was that they're suing namecheap to get the names of the people who registered the domain, because namecheap was serving as an anonymity service.