In a battle that refuses to die, publisher Capcom filed a pre-emptive lawsuit against the Dawn of the Dead film owners as part of a dispute over patenting zombie action.

Capcom requested a declaratory judgment against MKR productions, because, according to a Hollywood Repoter blog, it expects MKR to file a lawsuit over Dead Rising in response to the game’s depiction of zombie fighting in a mall.

The 2006 title came with a disclaimer that read, “This game was not developed, approved or licensed by the owners or creators of George A. Romero’s Dawn of the Dead.”

Capcom claims that fighting zombies is “wholly unprotectable” as copyrightable material.

MKR, for its part, has been talking with Capcom for almost two years, and last year tried to block Capcom’s attempt to trademark Dead Rising.


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