Would the registrar normally be sued here? I would have thought it'd be against a fictitious defendant, with a Doe subpoena used to find out their actual identity.
I can see both sides of this one. Namecheap is doing the right thing by protecting customer privacy, and Facebook reasonably wants to stop what is probably a well-organized and persistent phishing campaign aimed at their own customers.
In the olden days one would make a 20 line Perl script w/a nasty regex that's forked off for every registration -- and bill on the value not time to code.
Is a more modern pattern to egregious? FB just send NC a filter table.
Other name sensitive watchers could be added too.
You can't bring someone to court over trademark infringement if you don't have their legal address.
You file what's colloquially known as a "John Doe lawsuit", then serve a subpoena to a third party (such as Namecheap) to obtain that information. You then have the information to amend the pleading and proceed against that party.
Facebook wants information on the registrants. A quick skim of the link you provided suggests that the process only results in the domain being taken down, not information revealed.
>Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name.