I’m guessing maybe you register mymark.com, I get the Whois record and it’s not your legit business info but some made up business name and fake contact info.

Well if that’s the case, either icann will have some rule prohibiting registrations with fake info and maybe I could get the domain transferred once they confirm your info is fake or I could still file suit against the made up business and get my default/court order and then get icann to turn it over on that basis. But it’s all about that step 1, uncovering the domain owner (real or fake). Possibly I could subpoena the registrar and get your real info and/or payment info. Then I’d have to amend my complaint to add you (the legit business) and still have to serve your RA.