That is why the law should be formalized such that correctness proofs for argumentations can be given and in doubt even be checked independently by a computer. Exactly because of the possibility of different opinions and wishes, coming up with such a high standard should be considered a maxim.
Perhaps you could start with this: to formalize any set of laws and criminal procedure similar to the actually existing law, you'll have to define knowledge, and that is a quagmire (http://www.unc.edu/~ujanel/Gettier.htm--you don't have to read the entire paper, but at least read the first section for a feel of how nasty the project gets. If you need more background, here is the description of what the Gettier problem is: https://en.wikipedia.org/wiki/Gettier_problem).
I know that the Moon is about 400,000 km away from the Earth. I have never measured the distance and I haven't even tried to check if it's plausible: I read it somewhere and accepted it as such.
That is rather an argument why in doubt one should not put such harsh punishments into the law - a thesis which I support.
As far as I know this is a mostly done problem (google "statistics").
1) As "just a fact" it's irrelevant. With some interpretation added, it contributed something. However...
2) As participants in a market economy, the lawyers' primary interest may not be the letter of the law or what is theoretically winnable in court, but what will give npm the least hassle. I'm not sure if that's the case in this particular trademark case, but we all know lawyers sometimes do counsel the path of least resistance. And maybe that's even wise. But it's worth being clear about that ambiguity, rather than just saying "lawyers said it, I believe it."
P.S. I think your comment isn't super helpful but I didn't downvote you.