Yes because this stuff is not patented!
Tax strategies are and have been patentable for awhile. I wrote a paper that discusses them but it is a bit outdated now. There is a strong movement against them but I don't really see Congress doing anything in the near future.
Do they really think transferring the domain into their control is even remotely likely? It's one thing when you're talking about a torrent tracker where an injunction alone is unlikely to prevent future infringement. But if the court tells Matt Drudge to take down that photo, I'm pretty sure he'll take it down (once his appeals are exhausted).
Judges have been known to do even dumber things. Why not try it out and hope you got a dumb one?
To do nothing is to be nothing.