Capcom seeks declaratory judgment over zombie dispute

Capcom has filed a lawsuit requesting a declaratory judgement against MKR Productions, the copyright owners of the Dawn of the Dead films.

According to a Hollywood Reporter blog, Capcom filed suit in anticipation of a lawsuit over its Dead Rising videogame.

Dead Rising, released in 2006 for the Xbox 360, has a disclaimer on the box which reads: "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead."

Although MKR has not yet filed a lawsuit, it has been in discussions with Capcom for nearly two years. Last year it sought to block Capcom's trademark registrating for Dead Rising, and it recently sent a letter and a draft copy of a complaint to Capcom, Microsoft and Best Buy according to Capcom.

Capcom says that the concept of humans battling zombies in a shopping mall - something common to the game and the films - is "wholly unprotectable" under copyright law. It has filed the lawsuit in order to "eliminate any doubt" that its game infringes upon MKR's rights.