So I named my small business and then later found out that it was in used by a gaming company?

Thanks guys that helps a lot. My business name is Fortbite and is in the food industry if that changes anything.

Probably not illegal. If what your company and the company who originally had the name does are totally unrelated it's possible nothing will come of it. Assuming, however, that the original company has registered their trademark they can legally force you to stop using the name.

Unless you get a cease-and-desist letter you can forget it. It sounds as if your business name appears on one of their video game screens, but is not the name of their company. The worst that can happen is they make you change your company's name unless they can prove you caused them to lose money.

Eh....is it a registered trade mark? It's not the same type of business so it wouldn't be confusing so there is a chance it flies.

You really have three options. Talk to a lawyer and see it if can be defended. Two, you can just wait and see if they sue you. Three, you can change the name.

Depends on a lot of things which one is best.