There was a coffee shop in the shopping center near our previous apartment in Riverside. It was called "See's Coffee Grinder"...something like that. The owner's last name was "See" so that business name came naturally. The owner received a "Cease and Desist" document from the See's Candy lawyers saying she could not use that name. Her own name! She had to change the name of her coffee shop. She was legally forced to do so. How can that be?
You can do business in your own name, but any deviation such as you describe makes it fair game. So the name can be "Joe Schmuck", but "Schmuck's Coffee" is a fictitious name and subject to legal approval.
i didnt know you couldnt do that