okay so i have a site that sells a supplement which i produce myself and then sell it. Now lets say my products name is "winn-x" and this companies products name is "w-inn". Is that trademark infringing??? I am going to see a lawyer first thing monday, i had no idea i was infringing and trademarks. I live in south africa, and they are in america, dont know if that helps me this is the letter "This firm represents **** Distributing, Inc. (“****” with respect to the protection of its intellectual property. It has come to our attention that the registrant of the website at <http://www.****> (the “Infringing Website” is offering nutritional supplements under the mark **** (“Infringing Mark”, which unlawfully infringes on **** valuable **** trademark. WHOIS records indicate that the Infringing Website is privately registered through Domains by Proxy, Inc. Because of the similarities between **** registered trademark and the Infringing Mark, the Infringing Website causes consumer confusion. On behalf of ****, we demand that Domains by Proxy terminate all access to the Infringing Website and disclose the identity of the private registrant to us within one week of receiving this letter. **** MARK ***** is the preeminent source of dietary and nutritional supplements, and has spent significant amounts of money promoting its products. Advertisements for **** products appear prominently in widely read fitness magazines and on heavily trafficked websites. **** owns the exclusive rights, title, and interest in and to the federally registered trademark **** (U.S. Reg. No. 2****)(the “Mark”. The Mark is registered and used for dietary and nutritional supplements. For years, whenever consumers have seen the Mark on nutritional supplements, they have recognized the Mark as an indicator of the high quality they have come to expect from ****. The U.S. Patent and Trademark Office has recognized *** strong rights in the ***** Mark by placing it on its Principal Register. The Mark has been in use for over five consecutive years, and has become incontestable pursuant to 15 U.S.C. § 1065. *** is the only party entitled to use or authorize use of its Mark and has not authorized Domains by Proxy, or any third party, to do so. The Infringing Mark is nearly identical to **** *** Mark. Both the Infringing Mark and **** Mark are used for nutritional supplements. Accordingly, the Infringing Mark is likely to, and does, cause confusion as to the source and quality of the goods **** offers. The use of the Infringing Mark constitutes direct and contributory trademark infringement under the United States Lanham Act (United States Code, Title 15, Section 1051, et seq.), as well as state trademark and unfair competition laws, and Domains by Proxy is liable to our client as a result. On **** behalf, we demand that Domains by Proxy terminate all use of the Infringing Mark immediately. FEDERAL AND STATE TRADEMARK INFRINGEMENT The Lanham Act, at 15 United States Code §§ 1114-1125, prohibits the unauthorized commercial use of a registered mark in connection with the sale, distribution, or advertising of any goods if such use is likely to cause confusion among consumers as to affiliation, connection, or approval by the owner of the mark. The Lanham Act provides for an injunction against the infringer, as well as substantial damages against a party using a registered mark without permission, including (1) recovery of the infringer’s profits, (2) recovery of loss to the trademark owner, and (3) an award of attorneys’ fees and costs of suit. Additionally, the court may increase those damages by three times their actual amount in cases where there is evidence of intentional infringement. In this case, there clearly is such evidence, since the Infringing Mark is specifically designed to emulate **** federally registered *** trademark. The use of the Infringing Mark would lead a reasonable consumer to believe that **** endorses, sells, or is otherwise connected to the products bearing the Infringing Mark. As a result, potential customers seeking **** products are diverting their business to the registrant of the Infringing Website. The registrant is thereby taking sales away from ****. The registrant’s use of the Infringing Mark causes consumer confusion as to the origin, approval, sponsorship, and affiliation of the products sold on the Infringing Website. And since Domains by Proxy knows the registrant is engaging in trademark infringement, Domains by Proxy is contributing to the trademark infringement and shares liability for any harm done as a result of the registrant’s deceit. Accordingly, Domains by Proxy has committed numerous acts of contributory trademark infringement. DEMAND Under the circumstances,**** hereby demands that Domains by Proxy: 1. Immediately terminate all use of the Infringing Mark on the Infringing Website; and 2. Disclose the identity of the private registrant of the Infringing Website, as well as all contact information Domains by Proxy has for the private registrant. **** expects that Domains by Proxy will comply will these demands by Monday, October 3, 2011. In the event Domains by Proxy does not meet this deadline, **** may pursue its legal remedies against Domains by Proxy for federal and state trademark infringement, unfair competition, and other common law rights. This letter is not intended to be a complete statement of **** position as to the facts or law relating to this matter, and nothing contained in or omitted from this letter is intended to be, nor should it be construed as being, a waiver by **** of any of its rights, claims, remedies, or causes of action. To the contrary, all such rights, remedies, positions of fact and law, and causes of action, whether at law or in equity, are expressly reserved and shall be vigorously pursued."