HiCustomer my name is XXXXX XXXXX I will do the best to help you. My advice is general only and does not create an attorney-client relationship. Good morning. I will try and help you the best I can. While you are based here in Arizona and your seller is based in India, that does not prevent you from filing suit against them in Arizona, unless your sales agreement provided a different choice of venue. I will assume, however, that you may file here in Arizona. I suggest that you file suit immediately in US District Court here in Arizona for breach of contract
and fraud, and in connection therewith, request a Temporary Restraining Order. The Court, in light of the facts you have alleged, should readily grant the TRO. With your TRO, you can see who owns your site with Domainsbyproxy. They too are based in Arizona. I am sure you will find that your registrant is most likely based in India. You will also take your TRO to the web hosting service, like a GoDaddy, and they will hvae to take the site down based on your TRO. Hopefully it is GoDaddy - I am assuming so since they used Domainsbyproxy.
Next comes the tricky issue. That will be for the service of your lawsuit. If you don't have a US Agent for the Indian company, which I doubt you will find, then you will have to serve them internationally. Fortunately for you India is a signatory to the Hague Convention. That just means that the state departments of both countries get involved and can make service somewhat easier. That being said, service even through the Hague is long, tedious and expensive. You will have to have your entire complaint translated into the Indian language (so the brevity of your complaint is a good thing). Then the docs are sent overseas and you have to wait....and wait...until service is confirmed. Once service is confirmed your lawsuit really begins. That is assuming they file an answer.
Whether or not they file an answer does not make this any easier. If, and when you prevail, there will still be the matter of collecting your judgment in India. That will be even more difficult than the service was through the Hague Convention. And if your judgment is obtained by default, you need to be aware that foreign countries do not look favorably on judgments by default and there is a chance that Indian law may not recognize a default judgment from a foreign country.
You have an uphill road in terms of damages. But on the bright side, I believe you will have an easy chance at the TRO. But remember, they are short lived. You may, however, end up with a preliminary and permanent injunction which may be just what you're looking for anyway. However, be advised that if Domainsbyproxy and GoDaddy were to shut down the site, they obviously still possess the code and can re-register the site and be up and running almost immediately with a foreign registrar and hosting service, and then you are back right where you started. I sincerely XXXXX XXXXX information has been helpful to you. I too am in Arizona. Feel free to private message me or chat for further information. Thank you in advance for your positive rating and accepting my answer. Please keep me posted my friend. Steve