Does it matter (legally) if two businesses in the same area have the same name but write it differently?

I am a freelance make-up artist & live in Baton Rouge, the name I have given myself is Kiss & Makeup, I am ociated with a local photography place & hair salon, however today I came to learn that there is another freelance make-up artist in my area whose has also given herself the name kiss & makeup however on her webpage she writes it Kiss & Make-up (the correct grammatical spelling of makeup) then on her business cards she writes it Kiss and Makeup (spells out "and" & loses the dash in make-up) I write mine the same everywhere, "Kiss & Makeup", so legally does it matter if neither is trademarked?