Domain name ownership being handed over to Plantiff

We own a virtual mall (online store) that sell many kinds of things. Canadian company. One day our website suddenly stopped working & our Domain Registrar explained that a NY Court has put a permanent injunction against us and ordered Verisign to transfer our domain ownership to the plantiff.

We were shocked because there was no prior warning or communication. After pursuing the matter, the registrar showed us a court order that claim that we were selling a counterfeit product & have to take action against all such sellers (there were 1000+ other websites affected too). We realize our unintentional mistake of listing an item that bears their trademark logo. We respect copyright and therefore took it down immediately.

The court order said that we refused to fix things despite repeated requests & therefore decide that the domain ownership to be transferred to the planitff. But it is not true! We were not contacted at all. We feel it is not fair to force-transfer our "property", especially since our domain name is commercially valuable. And even if a domain name is not valuable, but we've already paid a five years fee for that too!

a. If it is a permanent injunction, that does it mean it is FINAL and there is no way of getting back my domain name?

b. Should I contact the plantiff's lawyer. I'm worried that he will ask me to pay a huge sum of money to release the domain which I supposedly own.

c. I have immediately taken action when I found out about my violation (note that they did not contact me but I went through a lot to find the reason myself). Do you think I stand a chance of claiming back my "property" ... domain?

Are you located in Canada?

Company is registered in Canada. Domain is registered in Canada. It is not difficult to find out our contact information and contact us. Our online store has our email contact and phone number too. But nobody contacted us about any violation. Not even now.

I feel that the plaintiff simply submitted to the court a long list of websites whom they feel have infringed the trademark. Thousands of them! Obviously the court has no time to verify each of these websites. Unfortunately we are in the list.

With such a long list, I doubt the plaintiff themselves even bother to contact anybody at all.

springroll said:

Company is registered in Canada. Domain is registered in Canada. It is not difficult to find out our contact information and contact us. Our online store has our email contact and phone number too. But nobody contacted us about any violation. Not even now.

I feel that the plaintiff simply submitted to the court a long list of websites whom they feel have infringed the trademark. Thousands of them! Obviously the court has no time to verify each of these websites. Unfortunately we are in the list.

With such a long list, I doubt the plaintiff themselves even bother to contact anybody at all.

Click to expand...

**A: US Law Only.