Can two characters have the same name if the first person's character was a minor character, while the second person's would be a major if not main character?

Okay... So, say someone would want to write a comic and say they wanted to use a name really bad, but it was used by a minor character from another franchise. Would that author be sued for any use of someone else's trademark or something? I'm not exactly sure about the parameters on this sort of thing. That's all...

Example: A minor character from DC is already named Legacy. Could Marvel have a character named Legacy?

http://www.comicvine.com/legacy/29-80689/

Say one person would like to use the name Beta, but its already in use for a minor character somewhere:

http://www.comicvine.com/beta/29-32623/

@Xerdek: Are you asking if you could use the name Beta? Sure!!

@Project_Worm: Well, I actually want to use the name Legacy. It fits better with the plot of my story. But there are also character who are/have used that name...

http://www.comicvine.com/legacy/29-80689/

http://marvel.wikia.com/Legacy

I don't think anyone will mind, brojito.

@Xerdek:

I'd be fine with major characters have the same name so long as they're not from the same series or something.

If you're speaking in terms of Fan fic or original stories then more power to ya, it's not like your trying to steal the rights to a name or anything.

@Xerdek: This belongs in the Off-topic forums. My advice is it is your comic.

@thespideyguy: Yeah. I was debating whether to put it in one or the other. Thanks.