Todd Mintz raises an excellent question.. Selling TM intent domains has been going on since before Michael Arrington was the CEO at Pool. I suspect it has less to do with "design" on Pool.com’s part and more to do with the sheer volume of names expiring. You can only prescreen so far. Still, a rudimentary filter or diclosure relating to trademarks would not be that difficult and would probably help as this industry matures.
Jothan has been in the domain name industry since 1994, and has helped launch numerous registries, registrars, TLD consultancies and domain conferences, and is currently a consultant in the New Top Level Domain name field, with deep experience and contacts in the domain industry and ICANN arena.