I suppose we can't put them all in the same basket, and some probably/obviously don't agree like you said, but I think some obviously do too. Otherwise almost every domain investor who makes the argument would/should probably lose, which isn't the case.
Those who might agree are just reluctant to be the first to acknowledge/confirm it in a written decision i think, but they also don't make any statements explicitly saying they disagree either.
Doesn't seem like something they want to touch on regardless of their position, and part of the problem might be that a lot of cases before them involve blatant bad faith/TM infringement.