Yes. If you're not a corporation, then using the term "inc." in your business name would reasonably mislead customers or vendors into thinking you were a corporation. Since that could affect their decision to do business with you (corporations are, for example, widely seen as larger or more substantial/solid that d/b/a's), this could be considered an act of fraud. So while technically you could name your business anything you like, it would be dangerous and unwise to use a name that is factually incorrect and which sets up certain reasonable expectations in the minds of customers and vendors.