Talk:Dakota Winchester/@comment-36277500-20200127125303/@comment-3452092-20200127150845

You cannot copyright a name. You can trademark a name (which I imagine Indiana Jones is), but not a copyright it. People confuse them, but they are different and have both different protections and different ways to go about getting them. Copyright, these days is automatic to things that fit under it while trademark is both deliberate and expensive.

Also with trademark, if the only thing in common is the name, it doesn't tend to fall under trademark infringement. If this character was an archeologist, that might be relevant, but since the Choices' Dakota isn't otherwise anything like the flash game, I can't imagine it's a problem.

As for the example you are stating, as you stated it's a parody, but even if it wasn't, you also cannot copyright an idea. Now, if something is famous you can only get away with copying the idea if you do is as a parody and by get away with I don't mean you will get in trouble with the law. Instead you will get booed off the proverbial stage.