Legal Question in Intellectual Property in Texas

Given that trademark law is intended to protect the general public from confusion of the source of goods and services in the marketplace, a mark that a court would find to be "confusingly similar" to your mark would indeed infringe your mark.

Keep the inquiries you get about the other product; they are valuable evidence of actual confusion which, although the courts say is just one among several factors they must weigh to determine consumer confusion, cannot help but weigh somewhat more heavily in your favor.

Trademark litigation is NOT do-it-yourself law. You NEED a lawyer. There are lots of good IP lawyers in Texas; to find one that suits your needs, you might try a zip code search at the US Patent & Trademark Office's roster of patent attorneys (patent lawyer often handle trademark matters, too). I did a search on the first three digits in your zip code and came up with 67 registered attorneys/agents (be careful there, btw, you need an ATTORNEY, not an agent, for litigation). You'll find the searchable roster at https://oedci.uspto.gov/OEDCI/ .

Good luck with it!

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.