2 companys have the same business name, but spelled different. Can the names be used? Would a patent help?

You need a copyright not a patent? And the one who wins doesn't necessary have to be the one who got the copyright first. It could be the one with the most recognition with the name. A book store named Amazon books sued the big store. And wanted the big store to stop using their name. They lost even though they were first. They still could use the name however.