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In SMITE's case, the characters come from mythological sources and those sources are public domain. However, the way they're depicted was chosen by the game developer and their depictions are copyrighted by them.
If someone copied the list of characters and made their own game with their own artwork and gameplay and everything, SMITE's creators could do absolutely nothing about it. But if they copied any substantial elements from SMITE directly, then it starts to go in the direction where lawyers start rising eyebrows. At that point it's no longer making original stuff based on the same PD material.